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Bombay High CourtCAF/121/2021ca disposed off

New India Assurance Thr. Its Branch Manager Amravati v. Smt. Nirmala Bapurao Wasnik And Oths

2021-04-09Hon'Ble Shri Justice S.M. Modak2 pages

1 CAF 121.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.121/2021 in First Appeal No.999/2011 (D) (New India Ins. Co. Ltd V Smt. Nirmala Wasnik and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Ms Aastha Sharma Adv h/f for Shri P.R. Agrawal, Adv for resp. nos.1 to 6. CORAM : S.M. MODAK, J.

DATE : 09-04-2021.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard learned Advocate for the respondent nos. 1 to 6. 3.

The presence of learned Advocate for the appellant could not be secured due to technical difficulty. The matter was already disposed of on 21-08-2019. The appellant Insurance Company has already deposited Rs. 4,89,138/- on 22-03-2011. Out of that 50% of the amount was permitted to be withdrawn but they contend that it could not be withdrawn. 4.

The respondent nos. 2 and 4 have expired. The amount needs to be paid to respondent no.1, 3, 5 and 6. The respondent nos. 3, 5, and 6 have no any objection for paying the amount to respondent no.1. The Bank details are mentioned in the application. Hence, the directions :- DIRECTIONS (a) The nazir is directed to transfer an amount of Rs. 4,89,138/- along with accrued interest in the bank account of respondent no.1 mentioned in the application and on personal identification (Full amount be paid if already 50% amount is not withdrawn)

2 CAF 121.21 5.

Application is disposed of.

(S.M. Modak, J.) Deshmukh