Branch Manager,New India Assurance Company Ltd.Br.Sangamner,Through Its Authorised Officer v. Rekha Suryakant Kadlag And ORS

1 966

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 CIVIL APPLICATION NO.7148 OF 2023 IN FA/2320/2023 WITH CA/13344/2023 IN FA/2320/2023 BRANCH MANAGER,NEW INDIA ASSURANCE COMPANY LTD.BR.SANGAMNER,THROUGH ITS AUTHORISED OFFICER

VERSUS

REKHA SURYAKANT KADLAG AND ORS ...

Advocate for Applicant: Mr. Ajit B. Kadethankar Advocate for Respondents No.1 to 4:

Mr. Shaikh Mazhar A. Jahagirar ...

CORAM :ARUN R. PEDNEKER, J.

DATE :04th NOVEMBER, 2023 PER COURT:

1.

The first appeals are filed on the ground of quantum by the insurance company.

2.

Civil Application No.13344 of 2023 is filed for withdrawal of amount by the claimants. For the reasons mentioned in the application, I deem it appropriate to permit the applicants to withdraw 50% of the amount deposited in this court along with accrued interest thereon till date, subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of

2 966 this court. The civil application for withdrawal of amount stands disposed of.

3.

The interim stay granted by this court stands confirmed. The civil application for stay stands disposed of.

4.

The First Appeal is admitted. On admission, Mr. Shaikh Mazhar A. Jahagirar, learned counsel waives notice for respondents no.1 to 4. Call R & P. Office objections, if any, to be removed within a period of four (04) weeks from today. Print and Paper Book dispensed with.

5.

In first appeal, the learned counsel for the appellant to take steps for deceased respondent no.5.

[ARUN R. PEDNEKER, J.] marathe