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Bombay High CourtCA/8056/2019disposed offdismissed for default

Anita Sanjay Bansode And ORS v. M/S Shriram General Insurance Co. Ltd., Thr The Branch Manager And ANR

2019-07-12Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

994 & 1000.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 994 CIVIL APPLICATION NO.7966 OF 2019 IN FAST/4879/2019 WITH CA/2997/2019 IN FAST/4879/2019 WITH 1000 CIVIL APPLICATION NO.8056 OF 2019 IN FAST/4892/2019 WITH CA/2988/2019 IN FAST/4892/2019 ANITA SANJAY BANSODE AND ORS

VERSUS

M/S SHRIRAM GENERAL INSURANCE CO. LTD., THR THE BRANCH MANAGER AND ORS ...

Advocate for Applicants : Mr. Bobade Yogesh K & Mr. B R Sukashe Advocate for Respondent No.1 : Mr. S. G. Chapalgoankar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 12th JULY 2019 ORDER :

.

Both these applications have been filed for withdrawal of the amount deposited by the respondent-Insurance Company. The Insurance Company is challenging the judgment and award on the ground that on the date of the accident, the cheque for the premium towards the policy was dishonoured and notice to that effect was given to the owner and R.T.O. In this way, the liability to pay compensation has been denied. Under such circumstance, it will not be appropriate to allow withdrawal of the amount, but it would be in the interest of the parties to deal with the application for condonation of delay and the

994 & 1000.doc appeal itself.

2.

This applications stand disposed of, as to be considered at the time of final decision of the appeals.

3.

Place the Civil Applications for condonation of delay on 23-08-2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/