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Bombay High CourtCA/1345/2018admittedallowedgrantedrule absolute

Atul Manohar Desale (Patil) v. Mukunda Gangaram Patil And ORS

2023-09-04Hon'Ble Shri Justice Kishore C. Sant1 pages

( 1 ) ca1345.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO.1345 OF 2018 IN FA/466/2018 ATUL MANOHAR DESALE (PATIL)

VERSUS

MUKUNDA GANGARAM PATIL AND ORS Mr.A.S. Sawant, Advocate for the applicant.

Mr.G.D. Jain, Advocate for respondent Nos. 1 and 3. Mr.V.N. Upadhye, Advocate for respondent No.2.

CORAM

:

KISHORE C. SANT, J.

DATED :

04.09.2023 PC :- 01.

Heard learned Advocate for the parties. This application is filed seeking stay to the order dated 13.10.2017 passed by the learned Member, MACT, Dhule to the extent of directing the applicant to refund the amount of Rs.25,000/- to the insurance company while dismissing the claim petition. Since the applicant has already filed appeal against rejection of his claim, it would be in the interest of justice not to execute clause (ii) of order dated 13.10.2017 till further orders.

02.

The Civil Application is accordingly allowed and disposed off. 03.

Fix the first appeal for hearing on 03.10.2023. [KISHORE C. SANT, J.] snk/2023/SEP23/ca1345.18