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Bombay High CourtCA/11674/2017disposed offdismissed for default

Mamta Parikshit And ORS v. Ramswaroop Laxmandas Bhatia And ORS

2019-08-02Hon'Ble Shri Justice V.L. Achliya2 pages

944ca11673 &11674.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.11673 OF 2017 IN FIRST APPEAL NO. 20/1999 JAYANT TRIBHOVANDAS MANUBARWALA

VERSUS

RAMSWAROOP LAXMANDAS BHATIYA AND OTHERS WITH CIVIL APPLICATION NO.11674 OF 2017 IN FIRST APPEAL NO. 18/1999 MAMTA PARIKSHIT RAJA AND OTHERS

VERSUS

RAMSWAROOP LAXMANDAS BHATIYA AND OTHERS ...

Advocate for Applicants :Mr. M. H. Patil Advocate for Respondent No.1 : Mr M. M. Ambhore

CORAM

: V. L. ACHLIYA, J.

DATE : 2nd August, 2019

ORDER

1.

The present applications are filed seeking directions to transfer the amount lying deposited in this Court to the District Court/Motor Accidents Claim Tribunal, Dhule.

2.

As per the office report in F.A. No.18/1999 an amount of Rs.10,89,106/- and in F.A. 19/1999, an amount of Rs.10,52,741/- deposited by the appellant Insurance Company has been invested in fixed deposit.

3.

In view of the dismissal of the appeals as well as applications seeking restoration of appeals, nothing survives in the matter. The claimants are entitled to 1/2

944ca11673 &11674.odt receive the amount towards satisfaction of Award. In that view, the applications deserve to be allowed. Accordingly, the applications are allowed in terms of prayer clause (B) in the respective applications. The amount lying deposited in both the appeals together with interest accrued thereon be transferred to the executing Court as per the particulars provided in the applications.

4.

The applications are disposed of in the above terms.

(V. L. ACHLIYA, J..) JPC 2/2