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Bombay High CourtCAF/371/2024ca disposed off

The Oriental Insurance Company Ltd. Nagpur Through Its Branch Manager v. Smt. Parawatabai Wd/O Vithal Zode And Others

2025-01-14Hon'Ble Shri Justice Sandipkumar Chandrabhan More2 pages

1 50.caf.371.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 371 OF 2024 IN FIRST APPEAL NO.452 OF 2022 (D) Oriental Insurance Co. Ltd.

..vs..

Parvatabai Vithal Zode and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.P. Bhatt, Advocate h/f Shri Lalit Limaye, Advocate for the appellant.

Shri K.K. Gour, Advocate for respondent no.1. CORAM: SANDIPKUMAR C. MORE, J.

DATE : 14/01/2025.

Heard learned Counsel for the respondent no.1/Claimant.

2.

The learned Counsel Mr.Bhatt, h/f Counsel Mr. Limaye seeks time.

3.

However, under order dated 15.12.2023, this Court had recorded the statement made by the Counsel Mr.Limaye for the appellant/Insurance Company, whereby it is stated that the appellant/Insurance Company had already withdrawn the appeal in Lok Adalat dated 30.04.2023.

4.

The present application is filed for withdrawal of remaining 50% balance compensation amount. The appellant/Insurance Company had already deposited the total amount of compensation, out of which the respondent no.1/Claimant had withdrawn 50% amount on 15.12.2023.

5.

Under such circumstances, the respondent no.1/Claimant is entitled for withdrawal of balance

2 50.caf.371.2024 amount of compensation since the appeal is already withdrawn.

6.

Thus, the respondent no.1 is permitted to withdraw the balance amount of compensation lying with this Court along with the accrued interest thereon till date.

7.

The application is disposed of .

(SANDIPKUMAR C. MORE , J.

) Trupti