Ashok Subhash Lehane v. Cholamandalam Ms General Insurnace Company Limited Through Its Manager And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO.13707 OF 2023 IN FAST/23885/2023 WITH CA/9864/2023 IN FAST/23885/2023 WITH CA/9865/2023 IN FAST/23885/2023 ASHOK SUBHASH LEHANE

VERSUS

CHOLAMANDALAM MS GENERAL INSURNACE COMPANY LIMITED THROUGH ITS MANAGER AND ORS ...

Advocate for Applicants : Mr.S.S.Dargad Advocate for Respondent no.1 : Mr.A.G.Choudhari ...

CORAM :ARUN R. PEDNEKER, J.

DATE :07.11.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL 1] First Appeal is filed by the Insurance Company on the ground of non involvement of the vehicle in the accident.

Having heard the learned counsel for the parties. The applicants are permitted to withdraw 60% of the amount deposited in this Court by the Insurance Company along with accrued interest thereon, to the extent

of of their share as directed by the Tribunal, subject to furnishing undertaking to the satisfaction of the Registrar [Judicial] of this Court. Remaining amount be kept in FDR. Civil Application is disposed of accordingly. B] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 70 days in filing the First Appeal. For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly. C] ORDER IN CIVIL APPLICATION FOR STAY Since the appellant - Insurance Company has deposited the amount as directed by this Court, the interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly.

D] ORDER IN FIRST APPEAL 1] First Appeal is admitted. On admission, Mr.S.S.Dargad, learned counsel waives notice for respondent no.1.

Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC