The Branch Manager New India Insurance Co Ltd v. Rekha Santosh Manore Koli And 5 Others

2024:BHC-AUG:28653

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

19 CIVIL APPLICATION NO. 10594 OF 2024 IN FAST/17422/2024 REKHA W/O SANTOSH MANORE AND ORS

VERSUS

NEW INDIA INSURANCE COM LTD THROUGH BRANCH MANAGER AND ORS ...

Advocate for Applicant : Mr. Annasaheb Shridharrao Kadam. Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar. ...

AND CIVIL APPLICATION NO. 6578 OF 2024 IN FAST/17422/2024 THE BRANCH MANAGER NEW INDIA INSURANCE CO LTD

VERSUS

REKHA SANTOSH MANORE KOLI AND 5 OTHERS AND CIVIL APPLICATION NO. 6579 OF 2024 IN FAST/17422/2024 THE BRANCH MANAGER NEW INDIA INSURANCE CO LTD

VERSUS

REKHA SANTOSH MANORE KOLI AND 5 OTHERS ...

Advocate for Applicant : Mr. Aniruddha S. Usmanpurkar. Advocate for Respondent Nos.1 to 4 : Mr. Annasaheb Shridharrao Kadam. Advocate for Respondent No.5 & 6 : Mr. Shrigopal G. Dodya. ...

CORAM :

KISHORE C. SANT, J.

DATE :

03rd December, 2024.

P.C.:

.

Heard the learned counsel for the parties.

Application for condonation of delay:

This is an application for condonation of delay caused in filing the appeal. The delay is only of 54 days. For the reasons stated in the application, the delay stands condoned. The application is allowed. Appeal be registered.

Application for stay:

Mr. A. S. Kadam, learned counsel undertakes to file Vakalatnama on behalf of respondent Nos.1 to 4. Mr. S. G. Dodya, learned counsel appears for respondent Nos.5 and 6. Since the amount is already deposited in this Court as per the award, there shall be stay to the impugned judgment and award till disposal of the appeal. The application stands disposed of. Application for withdrawal of amount:

This application is for withdrawal of the amount deposited by the appellant in the office of this Court.

It is pointed out that in the award itself, 50% of the amount is directed to be deposited in fixed deposit. The amount of compensation to the share of minors applicant Nos.2 and 3 is invested in the nationalized bank till they attain majority. Even 50% amount to the extent of applicant Nos.1 and 4 is also invested in fixed deposit.

In view of the above, this application is allowed by permitting applicant Nos.1 and 4 to withdraw the remaining amount alongwith accrued interest on furnishing usual undertaking. With this, the civil application for withdrawal of amount stands disposed of.

[ KISHORE C. SANT, J. ] nga