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Bombay High CourtCAF/481/2015dispossed offdismiss for default

The New India Assurance Co. Ltd. Thr. The Divsnl Manager v. Smt. Chandrakala Wd/O Bhimrao Dhoke And ANR

2015-03-30Hon'Ble Shri Justice A.S. Chandurkar1 pages

11-CAF-481-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.481 OF 2015 IN FIRST APPEAL NO.67 OF 2013 The New India Assurance Co. Ltd. Thr. The Div. Manager, Nagpur. -vsSmt. Chandrakala wd/o Bhimrao Dhoke & Anr. --------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri S. M. Ukay, Advocate for appellant.

Shri B. B. Raipure, Advocate for respondent No.1. CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 30, 2015 Prayer is to permit the respondent No.1 to withdraw the amount of compensation deposited by the appellant in terms of the judgment of the Claims Tribunal. It is stated that on account of financial constraints, respondent No.1 be permitted to withdraw the aforesaid amount.

Application is opposed by the learned counsel for the appellant.

Considering the reasons assigned in the application, respondent No.1 is permitted to withdraw sum of Rs.2,50,000/- subject to furnishing an undertaking that in case the appeal is allowed, the entire amount would be repaid with interest at such rate the Court may then direct. C.A. is disposed of in aforesaid terms.

JUDGE Asmita