Bombay High CourtCA/5737/2016disposed offdismissed for default

United India Insurance Co. Ltd. v. Mahadeo Sopanrao Akhade And ORS

2016-09-20Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 12713 OF 2016 IN FAST/12657/2016 WITH CA/5741/2016 IN FAST/12657/2016 CHAITANYA RAVINDRA DAVKAR U/G OF ULKA RAVINDRA DAVKAR

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND ORS ...

920 CIVIL APPLICATION NO. 12714 OF 2016 IN FAST/12703/2016 WITH CA/5801/2016 IN FAST/12703/2016 ASHABAI MAHADEO AKHADE

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND ORS ...

921 CIVIL APPLICATION NO. 12715 OF 2016 IN FAST/12699/2016 WITH CA/5746/2016 IN FAST/12699/2016 ULKA RAVINDRA DAVKAR

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND ORS ...

922 CIVIL APPLICATION NO. 12716 OF 2016 IN FAST/12707/2016 WITH CA/5737/2016 IN FAST/12707/2016 MAHADEO SOPANRAO AKHADE

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND ORS ...

Advocate for Applicant : Mr. Mayure Pramod C Mr. S.G. Chapalgaonkar, Adv. For R/1 -----

CORAM : P.R.BORA, J.

DATE :

th September,2016.

PER COURT :

1) Heard. Considering the contentions raised in the applications for withdrawal of amount and the objections raised by the Insurance Company in the memo of appeal in exception to the Award, I deem it appropriate to pass the following order, -

ORDER

i) The applicants in respective applications are permitted to withdraw the the amount deposited by the Insurance Company in this court on submitting an undertaking that in the event any adverse order is passed against them in the appeals, they will re-deposit the amount within four months of passing such order;

iii) The Civil Applications for withdrawal of the amount are partly allowed and disposed of.

2) For the reasons stated in the application for condonation of delay, which according to me are just and sufficient, the

delay caused in filing the appeals is condoned. The CA for condonation of delay disposed of. The appeals be registered in accordance with law. 3) Issue notices in appeals to respondents.

Learned Counsel waives service for the original claimants.

4) Place the matters for final disposal at admission stage on 21st October, 2016.

(P.R.BORA) JUDGE bdv/