Dhondiram Lala Rathod v. The Branch Manager, National Insurance Co. Ltd. And ORS

955 CA 9917.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO. 9917 OF 2016 IN FAST/27770/2013 WITH CA/13368/2013 IN FAST/27770/2013 WITH CA/13369/2013 IN FAST/27770/2013 MEERABAI DHONDIRAM RATHOD DIED LRS DHONDIRAM LALA RATHOD AND OTHERS

VERSUS

THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Shivpuje Anil S.

Advocate for Respondents :V.N. Upadhye WITH 957 CIVIL APPLICATION NO. 12081 OF 2016 IN FAST/27782/2013 WITH CA/13366/2013 IN FAST/27782/2013 WITH CA/13367/2013 IN FAST/27782/2013 DHONDIRAM LALA RATHOD

VERSUS

THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. AND ORS ...

Advocate for Applicant : Shivpuje Anil S.

Advocate for Respondents :V.N.

...

CORAM : P.R. BORA, J.

DATE : 26-10-2016.

P.C. :

1.

For the reasons stated in the applications, which according to me are just and sufficient, the delay is condoned. Appeals be registered in accordance with law. Civil applications stand disposed of.

2.

In view of the fact that the insurance company has deposited the amount as directed by this court, the interim stay granted to the execution of the impugned awards is made absolute.

955 CA 9917.16.odt Civil applications stand disposed of.

3.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the insurance company. i) The applicants are at present permitted to withdraw 70% of the deposited amount on submitting an undertaking that in the event any adverse order is passed they will re-deposit the amount so withdrawn by them within four months of passing such order.

ii) Balance 30% amount shall be invested in F.D.R. in any nationalised bank initially for a period of two years, if so required for a further period till disposal of the appeal.

iii) Civil applications stand disposed of.

(P.R. BORA) JUDGE mub