Magma Hdi General Insurance Company Limited v. Dinkar Eknath Bonde

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 11598 OF 2024 IN FAST/30010/2022 WITH CIVIL APPLICATION NO. 16202 OF 2022 IN FAST/30010/2022 WITH CIVIL APPLICATION NO. 16203 OF 2022 IN FAST/30010/2022 DINKAR EKNATH BONDE AND ANR

VERSUS

THE GENERAL MANAGER, MAGMA HDI GENERAL INSURANCE COMPANY LIMITED., AND ANR ...

Advocate for Applicants : Mr. Manoj Shinde h/f Mr. Chapalgaonkar Shailesh S.

Advocate for Respondent No. 1 : Mr. Rohit H. Dahat ...

CORAM : KISHORE C. SANT, J.

DATE : 24.10.2024.

PER COURT :

WITHDRAWAL Heard. This application is filed for withdrawal of the amount deposited in the office of this Court by the insurance Company. The application though opposed by the insurance Company, this Court thinks that since the amount is less than

5,00,000/-, now it would be in the interest of justice allow the applicant to withdraw the partial amount. Hence the following order :

ORDER

(i) The Civil Application is partly allowed.

(ii) The applicants are permitted to withdraw 50% of the amount alongwith accrued interest deposited in the office of this Court as per the judgment and award, on furnishing usual undertakings.

(iii) The Civil Application stands disposed off.

DELAY This application is filed for condonation of 5 delay caused in filing appeal.

2.

Learned Advocate Mr. Chapalgaonkar appears for respondent Nos.1 & 2. The delay is only of 5 days. For the reasons stated in the application, the application stands allowed. Delay stands condoned. The Civil Application stands

disposed off.

3.

The office to register the First Appeal.

STAY Since the amount of compensation is deposited in the office of this Court by the Insurance Company, there shall be stay to the impugned judgment and award till disposal of the appeal.

2.

The Civil Application stands disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/