Smt. Shashikala Atmaram Teltumbde And ANR v. Yadav Lachmiah And 2 ORS

1 caf876.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.876/2018 IN FIRST APPEAL NO.543/2010 (D) Smt. Shashikala Atmaram Teltumbde and another ..Vs..

Yadav Lachmiah and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B. Bambal, Advocate for the applicants. Shri P.J. Pandey, Advocate h/f Shri M.R. Johrapurkar, Advocate for respondent No.3.

CORAM : Z.A. HAQ, J.

DATE : 12.3.2018.

This application is filed by the appellants / original claimants seeking permission to withdraw the amount deposited by the respondent No.3 / insurance company as per the settlement before the National Lok-Adalat on 9th December, 2017.

The learned Advocate appearing for the respondent No.3 states that the insurance company is not having objection for withdrawal of the amount by the appellants / claimants.

In the civil application, it is stated that the appellant No.2 is paralyzed and bed ridden and, therefore, his presence before the Registry of this Court for withdrawal of the amount be dispensed with. In the above facts, the following order is passed:

The amount deposited by the respondent

2 caf876.18 No.3 / insurance company alongwith interest on it, if any, be given to the appellants / original claimants. The amount be transmitted to the joint account of appellants. The Registry shall not insist for presence of appellant No.2 - Shri Atmaram Mahadeorao Teltumbde. The civil application is allowed accordingly. No costs. JUDGE Tambaskar.