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Bombay High CourtCA/13355/2016disposed offdismissed for default

Saloni Tukaram Madhe v. Satishkumar Shankar And ORS

2016-10-07Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.13067/2016gr 921 CIVIL APPLICATION NO. 13067 OF 2016 IN FA/1097/2010 WITH CA/13354/2016 IN FA/1116/2010 WITH CA/13355/2016 IN FA/1098/2010 SALONI TUKARAM MADHE

VERSUS

SATISHKUMAR SHANKAR AND ORS ...

Advocate for Applicant : Mr.Gundre Suraj V Mr.V.N. Upadhye, Adv., for respondent no.3 Mr.S.N.Pagare, Adv., for respondent no.5.

...

CORAM : P.R. BORA, J.

Dated: October 07, 2016 ...

PER COURT :- 1.

The applicant has filed the present applications with a prayer that the record and proceedings received in the present appeals from the Court of learned Ad hoc District Judge-1 and Ex Officio Member of the Motor Accident Tribunal, Latur, bearing MACP Nos.241/2007, 242/2007, 243/2007 shall be sent back to the said Court. 2.

Learned Counsel submitted that the Insurance Company has not challenged the award passed by the Tribunal but has satisfied the award and the amount has been deposited before the Tribunal. Learned Counsel further submitted that the present applicant was AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.13067/2016gr minor at the time the order was passed by the Tribunal, directing deposit of the amount of her share in the Fixed Deposit Receipt. Learned Counsel further submits that now the applicant has become major and wants to withdraw the said amount which has been directed to be deposited in the Fixed Deposit Receipt. Learned Counsel further submits that since record is not with the Tribunal, the Tribunal has expressed its inability to pass any order. Applicant has, therefore, prayed for sending back Record and Proceeding to the Motor Accident Claims Tribunal, at Latur.

3.

In view of the submission so made, following order is passed:

ORDER

1.

Record and proceedings pertaining to M.A.C.P.Nos.241/2007, 242/2007, 243/2007 be sent back to the Motor Accident Claims Tribunal at Latur with a direction that after the applications, if any, submitted by the applicant, are disposed of, the said Record and Proceedings shall be re-sent to this Court.

2.

Civil Applications disposed of.

( P.R. BORA, J. ) AGP/-