The New India Assurance Company Ltd. v. Tarabai Nivrutti Kotame And Others

946 ca 1898.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO. 1898 OF 2017 IN FAST/17033/2013 WITH CA/8337/2013 IN FAST/17033/2013 WITH CA/8338/2013 IN FAST/17033/2013 TARABAI NIVRUTTI KOTAME AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD. AND ANR ...

Advocate for Applicants : Kanawade Ajay T. And Shardul S. Dev Advocate for Respondents : M. S. Kulkarni For R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 10-02-2017.

P.C. :

1.

Heard both the sides. Considering the challenge made to the judgment and award passed by the tribunal, the applicants claimants are permitted to withdraw partial amount deposited before this court as directed. The applicants claimants are permitted to withdraw an amount of Rupees Ten Lakh deposited before this court along with accrued interest, if any, on furnishing undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of.

2.

Heard the learned counsel for the applicants and the learned counsel appearing for the respondent-original claimants. None appears for respondent no.5, though duly served. For the reasons stated in the civil application, delay of 10 days caused in filing the first appeal is hereby condoned. Civil application is

946 ca 1898.17.odt allowed and accordingly disposed of.

3.

Heard. Issue notice to the respondents, returnable on 10.03.2017. Learned counsel Shri A.T. Kanawade, waives for respondent original claimants nos. 1 to 4. Call for record and proceedings.

(V.K. JADHAV) JUDGE mub