The Manager New India Assurance Compnay Ltd v. Fayaj Shah Daval Shah And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5260 OF 2023 IN FIRST APPEAL NO. 3186 OF 2022 Fayaz Shah Daval Shah Applicant

Versus

The Branch Manager, New India Assurance Co. Ltd.

Respondent Mr. R. V. Gore, advocate for the Applicant Mr. M. R. Deshmukh, advocate for the Respondent CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th April, 2023.

PC :

Heard rival submissions.

The applicant is seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-Insurance Company.

The learned Counsel for the appellant-Insurance Company, though opposed the application, but alternatively submitted that appropriate order may be passed. In view of the same, the applicant herein is permitted to withdraw entire amount of compensation along with interest accrued thereon on furnishing usual

{2} undertaking to the satisfaction of Registrar (J) of this Court. Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14914 OF 2022 IN FIRST APPEAL NO. 3186 OF 2022 The Manager, New India Assurance Co. Ltd.

Applicant

Versus

Fayaj Shah Daval Shah & others Respondents Mr. M. R. Deshmukh, advocate for the applicant. Mr. R. V. Gore, advocate for Respondents.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th April, 2023.

PC :

Since the appellant-Insurance Company has deposited entire amount of compensation along with interest, Civil Application is made absolute in terms of prayer clause {B}.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb