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Bombay High CourtCAF/218/2025allowed

New India Assurance Co.Ltd Br. Manager, Nagpur, Through Regional Manager, Nagpur v. Shobha Wd/O Bhagwan Kature And Others

2025-07-22Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 34-caf 218.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 218 OF 2025 IN FIRST APPEAL NO. 980 OF 2024 ( New India Assurance Co. Ltd., Nagpur ..vs.. Shobha wd/o Bhagwan Kature and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B.P. Bhatt, Advocate for the appellant, Ms. N.G. Chaubey, Advocate h/f. Ms. Uma Bhattad, Advocate for respondent Nos. 1 and 2, Mrs. A. Mategaonkar, Advocate for respondent No.3. CORAM : ABHAY J. MANTRI, J.

DATED : 22-07-2025 The applicants/respondent Nos. 1 and 2 have filed this application to permit them to withdraw the compensation amount deposited by the appellant in this Court, for which the learned Advocate for the appellant has objected. 2.

Having considered the reasons disclosed in the application, as well as gone through the impugned judgment and order, and grounds raised in the memo of appeal, I deem it appropriate to allow the applicants to withdraw 75% of the compensation amount along with accrued interest thereon on usual undertaking.

3.

Accordingly, the application is partly allowed. The applicants are permitted to withdraw 75% of the compensation amount, along with accrued interest thereon.

4.

The Registrar (J) is directed to transfer 75% of the compensation amount along with accrued interest thereon

2 34-caf 218.25.odt within five weeks to the bank accounts of the respective applicant Nos. 1 and 2 in proportionate amounts, as per the award, on their furnishing the usual undertaking as well as their bank account details.

First Appeal No. 980/2024 List the matter after two weeks.

(ABHAY J. MANTRI, J.) adgokar