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Bombay High CourtCA/12808/2021disposed off

Varsha Dipak Sase v. The New India Assurance Co. Ltd. Thru. Divisional Manager, Aurangabad And ORS

2021-12-08Hon'Ble Shri Justice R. G. Avachat1 pages

33-CA.12808.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12808 OF 2021 IN FAST/32011/2013 VARSHA DIPAK SASE

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS ---- Mr.C.K.Shinde, Advocate for applicant Mr.M.R.Deshmukh, Advocate for respondent no.1 Mr.N.C.Garud, Advocate for respondent no.3 ---- CORAM : R.G. AVACHAT, J.

DATE : DECEMBER 08, 2021 ORDER :- It is an appeal of year 2013. Delay has not yet been condoned. Although the proposed appellant may have a good case in the appeal, the fact that it is a death claim and the amount involved, cannot be lost sight of.

2.

In view of the same, 50% of the amount presently in deposit with interest accrued thereon, is permitted to be withdrawn on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court. The application stands disposed of accordingly. [R.G. AVACHAT, J.] KBP