The New India Insurance - Corrected As Assurance Company Ltd v. Anita Gokulsing Kayate And Others

2024:BHC-AUG:8832 21-ca-3688-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3688 OF 2024 IN FA/4171/2023 WITH CIVIL APPLICATION NO. 13572 OF 2023 IN FA/4171/2023 Anita Gokulsing Kayate And Ors

VERSUS

New India Insurance Company Ltd. And Ors ...

Advocate for Applicant : Mr. Sachin G. Joshi Advocate for Respondent No.1 : Mr. M.R. Deshmukh ...

CORAM : S.G. MEHARE, J.

DATED : APRIL 19, 2024 PER COURT:- 1.

Heard the respective counsels.

2.

Considering the facts of the case and dependency of the applicant, the application deserves to be allowed partly. Hence, the following order :

ORDER

(i) The application is partly allowed.

(ii) The applicants are allowed to withdraw 60% of the amount with interest deposited with this Court on undertaking to deposit the money if the impugned judgment and award is reversed. (iii) The balance amount be deposited with nationalized bank as per rules.

21-ca-3688-2024.odt (2) ORDER IN CIVIL APPLICATION NO.13572 OF 2023 (STAY) 1.

Heard the respective counsels.

2.

The appellant has arguable points in the appeal. He has deposited the entire compensation amount as per the impugned judgment and award.

3.

Hence, the application is allowed and the interim stay granted to the appellant stands confirmed till conclusion of the appeal.

4.

Re-issue notice to respondent nos.5 and 6 in appeal, returnable on 11.07.2024.

(S.G. MEHARE, J.) Mujaheed//