Bombay High CourtCAF/672/2020ca disposed off

New India Assurance Co. Ltd., Thr. Branch Manager, Amravati Thr. Chief Regional Manager, Nagpur v. Vilas Gopalrao Malode And Others

2021-08-11Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

27caf671.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 671 OF 2020 IN FIRST APPEAL (ST.) NO. 2813 OF 2020 (The New India Assurance Co. Ltd., Nagpur Vs. Vilas Gopalrao Malode & ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri A.W. Paunikar, Advocate for the applicant. Shri S.B. Gandhe, Advocate for respondent No.1. Shri Sawan Alaspurkar, Advocate for respondent Nos.2 & 3. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- AUGUST 11, 2021 Heard.

Perused the application.

Considering the reasons as mentioned in paragraph Nos.2 & 3 of the application, the delay of 92 days caused in filing appeal is condoned.

The appeal be registered First Appeal No.

Issue notice to respondents, returnable after four weeks.

Shri Gandhe, learned counsel for respondent No.1 and Shri Alaspurkar, learned counsel for respondent Nos.2 & 3, waive notice.

Call for R. & P.

27caf671.2020.odt Civil Application No. 672 of 2020 Perused the application.

As the entire decretal amount of Rs.41,80,838/- has already been deposited by the appellant vide Pursis stamp No.3285/2020 dated 02/03/2020, with the Registry of this Court, the application for grant of stay is allowed.

The ad-interim stay which was granted by this Court vide order dated 12/02/2020 is hereby confirmed, pending decision of the appeal.

The application stands disposed of.

Civil Application No. 1518 of 2021 By way of this application, the respondent No.1 seeks permission to withdraw the amount of compensation of Rs.41,80,838/- which was deposited by the appellant vide Cheque No. 626624 dated 17/02/2020 with the Registry of this Court.

Respondent No.1 is permitted to withdraw 25% of the compensation amount with accrued interest thereon, on furnishing usual undertaking.

The application stands disposed of.

JUDGE *DB