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Bombay High CourtCA/5027/2024admittedallowedgrantedrule absolute

Bushra Siraj Deshmukh v. Ms Deepti Khutal And ORS

2024-09-20Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:21996 {1} ca5027-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5027 OF 2024 IN FIRST APPEAL NO.816 OF 2018 Bushra Siraj Deshmukh APPLICANT

VERSUS

M/s Deepti Khutal and Others RESPONDENTS .......

Mr. Fayaz K. Patel, Advocate for the applicant Mr. S.R. Bagal, Advocate for respondent No.3 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 20 th SEPTEMBER, 2024 ORDER :

1.

This application is filed by applicant - original claimant No.6 for withdrawal of amount of compensation, fallen to her share, along with interest accrued thereon 2.

Learned advocate for the Insurance Company strenuously opposed the application stating that the first appeal is filed on the point of quantum of compensation and, therefore, it may be heard finally at this stage and this application be considered along with the first appeal.

3.

Considering the reasons stated in the application, the

{2} ca5027-24.doc application is allowed in terms of prayer clause "B", on the condition of filing an undertaking to the satisfaction of Registrar (Judicial) [NITIN B. SURYAWANSHI] JUDGE drp/ca5027-24.doc