Divisional Manager New India Insurance Company Corrected As The New India Assurance Comapny v. Mangalbai Arjun Jagtap And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 CIVIL APPLICATION NO.13685 OF 2023 IN FAST/22025/2023 WITH CA/8972/2023 IN FAST/22025/2023 WITH CA/8973/2023 IN FAST/22025/2023 MANGALABAI W/O ARJUN JAGTAP & OTHERS

VERSUS

RAMESHWAR S/O NARAYAN JADHAV & OTHERS ...

Advocate for Applicants : Mr.B.V.Dhage Advocate for Respondent no.1 : Mr.Anand Dale h/f. Mr.S.S.Rathi ...

CORAM :ARUN R. PEDNEKER, J.

DATE :07.11.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL 1] The First Appeal is filed by the Insurance Company on the ground of contributory negligence and breach of policy.

The present Civil Application is filed by the widow and four major children for withdrawal of the amount.

3] I deem it appropriate that the applicants are

permitted to withdraw 50% of the amount deposited in this Court to the extent of their share along with interest accrued thereon subject to furnishing undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 126 days in filing the First Appeal. For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly. C] ORDER IN CIVIL APPLICATION FOR STAY Since the appellant - Insurance Company has deposited the amount as directed by this Court, the interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly.

D] ORDER IN FIRST APPEAL 1] First Appeal is admitted. On admission, Mr.B.V.Dhage, learned counsel waives notice for respondent nos.1 to 5.

Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC