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Bombay High CourtCA/5479/2012admittedallowedgrantedrule absolute

Icici Lombard Motor Insurance Co. Br. Nanded v. Shabana Navindulla Khan And ORS

2015-02-09Hon'Ble Shri Justice M.T. Joshi2 pages

ca698-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD C.A. NO. 698/2015 IN FIRST APPEAL NO. 836/2012 (Shaban Begum Navidullah Khan and others Vs.

ICICI Lombard Motor Insurance Co. and another) AND C.A. NO. 5479/2012 IN FIRST APPEAL NO. 836/2012 (ICICI Lombard Motor Insurance Co. Vs. Shabana Navindulla Khan and others) ---- Mr. G.R. Syed, Advocate for the applicants in C.A. No. 698/2015 and for the respondents No. 1, 2 and 5 in C.A. No. 5479/2012 Mr. V.N. Upadhye, Advocate for respondent No. 1 in C.A. No. 698/2015 and for the applicant in C.A. No. 5479/2012 ---- CORAM : M.T. JOSHI, J.

DATE : 09/02/2015 ORAL ORDER :

1.

Both the sides submit that the R & P is already received. In the circumstances learned counsel Mr. G.R. Syed submits that the applicant does not wish to press the present application (C.A. No. 698/2015). However, considering the applicants' difficulty, the first appeal may be heard finally.

2.

The first appeal be fixed for final hearing on 26th March, 2015. In the circumstances, civil application

ca698-15 No. 698/2015 stands disposed of.

3.

As regards civil application No. 5479/2012, it is an admitted fact that the amount is already deposited as per the interim directions of this Court. In the circumstances, interim stay to the execution of the impugned award, granted earlier by this Court, is hereby made absolute on the same terms and conditions. The application accordingly stands disposed of.

[M.T. JOSHI] JUDGE npj/ca698-15