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Bombay High CourtCA/14340/2017admittedallowedgrantedrule absolute

Mirza Mazher Baig Mirza Murtuza Baig Through Spa Mohd. Sardar Mohd. Mahbood Ali v. Devindar Kaur Balvindarsingh Sandhu And Others

2017-12-22Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 906ca14340o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14340 OF 2017 IN WP/10499/2014 MIRZA MAZHER BAIG MIRZA MURTUZA BAIG THROUGH SPA MOHD. SARDAR MOHD. MAHBOOD ALI

VERSUS

DEVINDAR KAUR BALVINDARSINGH SANDHU AND OTHERS ...

Advocate for the Applicant : Shri Mukhedkar Amit A.. Advocate for Respondents 1 to 4 : Shri Vijay Sharma a/w Shri R.N.Chavan. Advocate for Respondents 5 to 6 : Shri P.P.Deshpande. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 22nd December, 2017 Per Court:

Shri Sharma, learned Advocate appearing on behalf of Respondent Nos.1 to 4/ original Claimants, submits that the judgment of the Commissioner, Employees Compensation Act dated 15.06.2017 has been fully satisfied and the Claimants have no claim for any amount against the Applicant herein or the Insurance Company. Shri Mukhedkar, learned Advocate for the Applicant, submits that he has personally served Advocate Shri P.P.Deshpande on behalf of the Respondent Nos.5 and 6 Insurance Company.

Shri P.P.Deshpande, learned Advocate appearing on behalf of the Respondent Nos.5 and 6 Insurance Company, submits, on instructions,

*2* 906ca14340o17 that as the Insurance Policy was legal and valid, they have paid off the entire amount under the Insurance Scheme and the Insurance Company has no reason to recover any amount from this Applicant. It is, therefore, stated that this Civil Application be allowed and the Applicant be permitted to withdraw the entire amount along with accrued interest. Considering the above and keeping in view the statement made on behalf of Respondent Nos.1 to 6, this Civil Application is allowed by consent.

The Applicant is permitted to withdraw the amount of Rs.4,50,000/- deposited in this Court along with accrued interest by filing an application duly identified by the learned Advocate along with a copy of the PAN Card and the Election Commission's Voter Identity Card.. kps (RAVINDRA V. GHUGE, J.)