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Bombay High CourtCA/16072/2016disposed offdismissed for default

Ambadas Girdhar Sangalkar (Koli) Died Thr Lrs Mirabai And ANR v. The National Insurance Co. Ltd. And ANR

2017-01-20Hon'Ble Shri Justice V.K. Jadhav2 pages

ca16072.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16072 OF 2016 IN FAST/6119/2016 WITH CA/2910/2016 IN FAST/6119/2016 WITH CA/2911/2016 IN FAST/6119/2016 AMBADAS GIRDHAR SANGALKAR (KOLI) DIED THR LRS MIRABAIAND ANR

VERSUS

THE NATIONAL INSURANCE CO. LTD. AND ANR ...

Advocate for Applicants : Mr. Bhokarikar Madhav M Advocate for Respondents : Mr. P.C. Mayure h/f Mr. S.P. Chapalgaonkar .....

CORAM : V. K. JADHAV, J.

DATED : 20th JANUARY, 2017 PER COURT:- 1.

Heard both sides.

2.

For the reasons stated in the application and considering the challenge made to the judgment and award passed by the Tribunal, the applicants are permitted to withdraw an amount of Rs.3,00,000/- (Rupees Three lacs only) out of the amount deposited in this court, on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court and the balance amount shall be invested in fixed deposit, any Nationalized bank, initially for a period of three years and the fixed deposit be renewed thereafter from time to time till further orders. Civil application for withdrawal of amount is disposed of.

ca16072.16 -23.

So far as civil application for condonation of delay is concerned, heard learned counsel for the applicant and learned counsel for respondent-claimants. For the reasons stated in the civil application, delay caused in filing the first appeal is hereby condoned. Civil application for condonation of delay is disposed of. 4.

In first appeal, heard. Notice to the respondents, returnable on 17.02.2017.

5.

Mr. Bhokarikar, learned counsel waives notice for respondents original claimants. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/