Atul Nensukh Nahar v. The New India Assurance Co. Ltd. And Another
{1} CIVIL APPLICATION NO.2919 OF 2015 IN The New India Assurance Co.Ltd.
Mr.M.M.Ambhore, advocate for the applicant.
This is an application seeking condonation of delay of 13 days occurred in presenting instant First Appeal. Heard. For the reasons stated in the application, application deserves to be allowed and same is accordingly allowed. Delay of 13 days occurred in presenting the appeal stands condoned.
{2} The New India Assurance Co. Ltd.
Appellant Mr.M.M.Ambhore, advocate for the appellant.
Heard.
Appeal is admitted.
Shri Darandale, advocate waives notice for Respondent No.1.
{3} CIVIL APPLICATION NO.9260 OF 2015 IN Atul Nensukh Nahar The New India Assurance Company Ltd.
and another Mr.A.C.Darandale, advocate for the applicant. Mr. M.M.Ambhore, advocate for Respondent No.1. This is an application presented by the applicant-original claimant seeking withdrawal of amount.
The Insurance Company is stated to have deposited an amount of Rs.40,44,381/- (Rs.Forty lakhs forty four thousand three hundred eighty one) in this Court, as directed by this Court. Considering facts and circumstances, we deem it appropriate to permit the applicant-claimant to withdraw a sum of Rs.25,00,000/- (Rs. Twenty five lakhs) on the condition of tendering an undertaking to this Court, that in the event of success of appeal, appellant shall re-deposit the amount in this Court within a period of twelve weeks from such decision. The balance amount shall be invested in fixed deposit in Nationalised bank initially for a period of three years and fixed deposit receipt shall be renewed thereafter for the period until disposal of appeal.
{4} CIVIL APPLICATION NO.2920 OF 2015 IN The New India Assurance Co.Ltd.
Mr.M.M.Ambhore, advocate for the applicant.
Since direction issued in respect of deposit of amount has been complied with, ad interim stay granted earlier by this Court is made absolute.
Liberty to the claimant to claim withdrawal of amount deposited by the Insurance Company.