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Bombay High CourtCAF/524/2024ca disposed off

Shriram General Insu. Co. Ltd, Sitapur, Rajasthan, Branch Office, Nagpur v. Madhuri W/O Nilesh Derkar And Other

2024-03-14Hon'Ble Shri Justice Anil L. Pansare2 pages

2024:BHC-NAG:3156 1 caf 3731.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 3731 of 2023 in First Appeal St.

No.

24391 of 20 [Shriram General Insurance Co.Ltd., Jaipur, Rajasthan, having its Branch Office, Nagpur through its Legal Officer ..vs.. Madhuri W/o Nilesh Derkar and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. G. I. Dipwani, Advocate for the applicant/appellant Mr. K. P. Mirache, Advocate for respondent no. 1 CORAM : ANIL L. PANSARE J .

DATED : 14-03 -202 Learned counsel for the applicant seeks permission to amend the application and thereby to show sufficient cause in filing appeal belatedly. As such, the applicant ought to have been careful while filing the application. Learned counsel shall in application seeking amendment justify the non-inclusion of reasons which the appellant now intends to incorporate.

With the above observations, permission to file application seeking amendment in application is granted. Stand over to 4-4-2024.

Civil Application (CAF) No. 524 of 2024 By the present application, the applicant - claimant seeks permission to withdraw the amount deposited by the appellant.

I have gone through the judgment passed by the Motor Accident Claims Tribunal, Nagpur. Considering the nature of evidence on record and submissions made

2 caf 3731.2023.odt by both the sides, the applicant - claimant is permitted to withdraw 50% of the amount upon furnishing an undertaking that in case the appeal is allowed, the said amount shall be redeposited with interest at such rate the Court may direct.

The application is disposed of in above terms. (Anil L. Pansare, J.) wasnik