New India Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad v. Ashish Vimalkant Pande And ORS
29-CA-2769.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.2769 OF 2020 IN C.A. NO.3006 OF 2009 IN F.A.ST. NO.4885 OF 2019 (New India Assurance Company Ltd.
Vs.
Ashish Vimalkant Pande and ors.) ---- Mr.S.G.Chapalgaonkar, Advocate for applicant Mr.Amol Gandhi, Advocate h/f. Mr.P.S.Mehta, Advocate for respondent no.1 ---- CORAM : R.G. AVACHAT, J.
DATE : JULY 09, 2021 ORDER :- Heard.
2.
For the reasons given in the application, the same is allowed in terms of prayer clauses (B), (C) and (D). 3.
One week's time is granted to deposit the amount of cost of Rs.1,000/- pursuant to the order dated 02.03.2020. [R.G. AVACHAT, J.] KBP
29-CA-2769.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.4179 OF 2019 IN F.A.ST. NO.4885 OF 2019 (Ashish Vimalkant Pande Vs.
New India Assurance Company Ltd.) ---- Mr.Amol Gandhi, Advocate h/f. Mr.P.S.Mehta, Advocate for applicant Mr.S.G.Chapalgaonkar, Advocate for respondent ---- CORAM : R.G. AVACHAT, J.
DATE : JULY 09, 2021 ORDER :- Heard learned counsel for the parties.
2.
Learned counsel for the respondent-insurance company (original appellant) has made out a strong case in the appeal.
3.
The health condition of the applicant/injured is precarious. Considering his health condition, on equitable ground only, I am permitting him to withdraw Rs.5,00,000/- (Rupees Five Lakhs), on condition that no further application for withdrawal of amount shall be preferred, pending the appeal. The withdrawal of amount shall be on furnishing an undertaking to the
29-CA-2769 satisfaction of learned Registrar (Judicial) of this Court. 4.
The order permitting withdrawal of amount shall not be construed to have made any observation about merit in favour of applicant. It is again observed that the insurance company appears to have a very good defence.
5.
The application stands allowed and disposed of accordingly.
[R.G. AVACHAT, J.] KBP