Anita Prakash Kolhe And Others v. The New India Assurance Co. Ltd. And ORS

33 ca 14198.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO. 14198 OF 2016 IN FAST/37213/2015 WITH CA/257/2016 IN FAST/37213/2015 ANITA PRAKASH KOLHE AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Patil Ujwal Subhash Advocate for Respondents :A.B.gatne For R/1 ...

CORAM : P.R. BORA, J.

DATE : 24-10-2016.

P.C. :

1.

Though, the learned counsel appearing for the original claimants has opposed for condoning the delay, for the reasons stated in the application, which according to me are just and sufficient, the delay of 46 days is condoned. Appeal be registered in accordance with law. Civil application stands disposed of. 2.

In view of the fact that insurance company has deposited the amount under the award interim the order on passed 17.06.2016, thereby staying the execution of the impugned award is made absolute. Civil Application stands disposed of. 3.

Heard the learned counsel for the applicant and the learned counsel appearing for the insurance company. The applicants are at present permitted to withdraw a sum of Rupees Fifteen Lakhs from the deposited amount. The balance amount be

33 ca 14198.16.odt invested in any nationalized bank in F.D.R. initially for a period of two years, if so required, for a further period till the disposal of the appeal. Civil application stands disposed of. 4.

Call for record and proceedings. Place the matter for disposal at admission stage on 24.11.2016.

(P.R. BORA) JUDGE mub