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Bombay High CourtCAF/235/2015dispossed offdismiss for default

National Insurance Company Ltd. Thr. The Regional Manager, Nagpur v. Smt. Sumitrabai Wd/O Mahadeo Bhoyar And 6 Others

2015-04-30Hon'Ble Shri Justice A.S. Chandurkar1 pages

3004caf235.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION CAF) NO. 235 OF 2015 IN FIRST APPEAL NO. 617 OF 2014 National Insurance Company Nagpur. Vs. Sumitrabai wd/o Mnahadeo Bhoyar & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .................................................................................................................................................................... Smt S. P. Deshpande Adv for appellant.

Ms. M. H. Pathade Adv for respondents 1,2 & 5. CORAM: A. S. CHANDURKAR J.

DATED: APRIL 30, 2015.

Prayer is to permit respondent no.1 to withdraw the amount of compensation granted by the Tribunal. Reasons for seeking withdrawal are mentioned in para 4 of the application. The application is opposed by learned counsel for the appellant on the ground that the claim as granted is on a higher side.

Considering the nature of evidence on record the respondent no.1 is permitted to withdraw sum of Rs. 2,50,000/- subject to furnishing undertaking that, in case the appeal is allowed the said amount shall be repaid with interest at such rate the Court may direct. Civil application disposed of. JUDGE svk