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Bombay High CourtCA/9897/2016disposed offdismissed for default

The Oriental Insurance Co. Ltd. v. Manohar Jaiwant Patil And ORS

2017-06-07Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.7392/2017 911 CIVIL APPLICATION NO. 7392 OF 2017 IN FAST/19840/2016 WITH CA/9897/2016 IN FAST/19840/2016 WITH CA/14385/2016 IN FAST/19840/2016 MANOHAR JAYWANT PATIL (DIED) THR LRS USHABAI AND ORS

VERSUS

THE ORIENTAL INSURANCE CO. LTD. THR ITS DIV.

MANAGER,AURANGABAD ...

Advocate for Applicants :Mr. Patil Shrikant S. Mr.A. S. Deshpande, Adv., for R/1 ...

CORAM : P.R. BORA, J.

Dated: June 07, 2017 ...

PER COURT :- 1.

Civil Application No.14385/2016 stands disposed of since not pressed.

2.

Heard Shri Patil, learned Counsel appearing for the applicant and Shri A.S.Deshpande, learned Counsel appearing for the appellant Oriental Insurance Company. It is brought to the notice of this Court that in companion matter ( CA No.14315/2016), delay has been condoned and the applicants are permitted to withdraw 50 per cent of the deposited amount. Copy of the said order passed by this Court on October 27th, 2016 is placed on record. In view of the submission so made, following order is passed:

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.7392/2017

ORDER

1.

Delay of 125 days occurred in filing the present appeal is condoned. The Appeal be registered in accordance with law. Civil Application for condonation of delay stands disposed of. 2.

The applicants in application for withdrawal of amount are permitted to withdraw 50 per cent of the deposited amount on submitting an undertaking that in the event any adverse order is passed, they will re-deposit the said amount within four months thereafter. The undertaking to be submitted by the claimants before the Motor Accident Claims Tribunal, at Dhule. The amount so permitted to be withdrawn be transmitted to the Motor Accident Claims Tribunal at Dhule so as to facilitate withdrawal of the amount by the original claimants. Application for withdrawal of amount stands disposed of.

( P.R. BORA, J. ) ...

agp/-