New India Assurance Company Thru. Its Divisional Manager v. Ramkrishna Bhatkar And 3 ORS.

1 902 caf1444.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1444 OF 2019 IN FIRST APPEAL NO. 327 OF 2008 (DECIDED) New India Assurance Co. through its Divisional Manager, Seminary Hills, Nagpur ..VS..

Ramkrushna Champatrao Bhatkar (dead) through his legal heirs Smt Shobha R. Bhatkar 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 Shiba Thakur, counsel h/f Shri S.M. Ukey, counsel for the appellant.

Shri S.S. Bhelarao, counsel for the applicant/respondent No. 2. CORAM : ARUN D. UPADHYE, J.

DATED : 29/03/2019 Heard learned counsel for the applicant/ respondent No.2.

Perused the application as well as impugned judgment passed by this Court, it appears that respondent No.1 is dead. However, death of respondent No.1 is not brought to the notice of this Court. Nevertheless, the respondent No.2 is only entitled for withdrawal of the amount as per the order of this Court.

Considering the above facts and circumstances of the case, the respondent No.2 is permitted to withdraw the amount with accrued interest.

JUDGE rkn