Somitra Bhagwat Bhaygude And ORS v. New India Assurance Co Ltd Through It S Branch Manager And ORS

12532.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.12532 OF 2023 IN FA/529/2023 WITH CA/1290/2023 IN FA/529/2023 SOMITRA BHAGWAT BHAYGUDE & OTHERS

VERSUS

NEW INDIA ASSURANCE CO LTD. & OTHERS ...

Advocate for Applicants : Mr.S.S.Dargad Advocate for Respondent no.1 : Adv.Anand Date h/f.Mr.S.S.Rathi Advocate for Respondent nos.2 and 3 : Mr.P.D.Suryawanshi ...

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 quantum.

2] Heard the learned counsel for the parties.

3] The applicants are permitted to withdraw 50% of the amount to the extent of their shares along with interest accrued thereon till date subject to furnishing undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

12532.23CA B] 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.

C] ORDER IN FIRST APPEAL 1] First Appeal is admitted. On admission, Mr.S.S.Dargad, learned counsel waives notice for respondent nos.1 to 4.

2] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC