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Bombay High CourtCA/12136/2015admittedallowedgrantedrule absolute

Icici Lombard General Insurance Co. Ltd. Thr Its Legal Manager v. Sambhaji Rajaram Salve And Others

2017-01-20Hon'Ble Shri Justice V.K. Jadhav2 pages

943 ca 653.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 653 OF 2017 IN FAST/26783/2015 WITH CA/12136/2015 IN FAST/26783/2015 WITH CA/12137/2015 IN FAST/26783/2015 SAMBHAJI RAJARAM SALVE AND ANR

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO. LTD. THR ITS LEGAL MANAGER ...

Advocate for Applicants : Shinde Ganesh P.

Advocate for Respondents : A. G. Choudahri For Respondent ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

Heard both the sides. Considering the challenge made to the judgment and award passed by the tribunal, the applicants are permitted withdraw Rupees Ten Lakhs of the amount deposited before this court on furnishing undertaking to the satisfaction of the Registrar (Judicial). Remaining amount shall be kept in F.D.R. In any nationalised bank initially for a period of three years and renewal thereafter as per the order. Civil application is accordingly disposed of.

2.

Heard both the sides. For the reasons stated in the civil application, delay of 178 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of.

943 ca 653.17.odt 3.

Heard. Issue notice to the respondents, returnable on 17.02.2017. Learned counsel Shri G.P. Shinde, waives for respondent original-claimants. Call for record and proceedings. Learned counsel seeks time to take appropriate steps as against respondent no.3 who is reported to be dead.

(V.K. JADHAV) JUDGE mub