The New India Insurance Corrected Assurance Co Ltd v. Ujwala Santosh Koli

2024:BHC-AUG:8844 8-ca-14344-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14344 OF 2023 IN FA/2028/2022 WITH CIVIL APPLICATION NO. 11642 OF 2022 IN FA/2028/2022 Ujwala Santosh Koli

VERSUS

The General Manager The New India Insurance Co Ltd And Ors ...

Advocate for Applicant : Mr. Chapalgaonkar Shailesh S Advocate for Respondent No.1 : Mr. M.R. Deshmukh ...

CORAM : S.G. MEHARE, J.

DATED : APRIL 19, 2024 PER COURT:- 1.

Heard the respective counsels.

2.

Considering the submissions and the grounds raised in the appeal, the application is allowed. The applicants are allowed to withdraw 75% of the amount with interest deposited with this Court on undertaking that they would deposit the money if the impugned judgment and award is reversed.

3.

Out of 75%, the petitioner is entitled to receive only 1/3rd of the said amount.

4.

Balance amount be deposited in fixed deposit as per rules.

ORDER IN CIVIL APPLICATION NO. 11642 OF 2022 FOR STAY : 1.

Heard the respective counsels.

8-ca-14344-2023.odt (2) 2.

Respondent nos.3 and 4 were served, but did not appear. Hence, proceeded exparte.

3.

Considering the grounds of appeal and compliance of the order to deposit the money, the application is allowed and the order granting interim stay stands confirmed till conclusion of the appeal. 4.

Admit.

5.

Issue notice to the respondents.

6.

Call record and proceeding.

(S.G. MEHARE, J.) Mujaheed//