The New India Assurance Co. Ltd., Gondia v. Sushmabai W/D Premlal Wadhave And ORS.

2025:BHC-NAG:9924 1 23caf1207.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1207 OF 2025 IN FIRST APPEAL NO.1640 OF 2008 [D] [The New India Assurance Company Limited .vs. Sushamabai wd/o Premlal Wadhave 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 S.N. Dhanagre, Advocate for Appellant.

Shri S.I. Ghatte, Advocate for Respondents.

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CORAM : PRAVIN S. PATIL, J.

DATED : SEPTEMBER 29, 2025 .

1.

First Appeal No.1640/2008 has been decided by this court by judgment dated 20.8.2018. Since then the amount is lying to the registry of this court. Hence, the present applicants/claimants seeks direction to transfer the amount lying to the registry of this court along with interest accrued thereupon in the account of Chairman, M.A.C.T. Gondia.

2.

Hence, for the reasons stated in the application, the application is allowed.

3.

The Registry of this court is directed to transfer the entire deposited amount along with interest accrued thereupon to the executing court i.e. M.A.C.T. Gondia in Regular Execution No.22/2022 at an earliest.

4.

After depositing of the amount, the claimants are permitted to withdraw the said amount in the execution proceeding. 5.

Application is disposed of.

(PRAVIN S. PATIL, J.) Gulande