The New India Assurance Co. Ltd., Nagpur, Through Its Legal Officer v. Maya Wd/O. Shravan Dadmal And Others

2025:BHC-NAG:5383 1 12cao1980.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO. 1980 OF 2025 IN CIVIL APPLICATION NO. 2148 OF 2023 IN FIRST APPEAL STAMP NO. 13932 OF 2023 (The New India Assurance Co Ltd Vs. Maya wd/o Shravan Dadmal and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------- - - - - - - - - Mr. R.R. Dawda, Advocate for applicant/appellant. CORAM : ABHAY J. MANTRI, J.

DATED : 11-06-2025 CIVIL APPLICATION (CAO) NO. 1980 OF 2025 Heard learned counsel for the applicant/appellant. 2.

By this application, the appellant/applicant seeks to delete the name of respondent No. 4 from the array of respondents since she is reported to be dead and her legal heirs have already been on record. Considering the same, the application is allowed and disposed of.

3.

The applicant/appellant is permitted to delete the name of respondent No. 4 from the array of respondents within one week and shall supply a copy of the amended application and appeal memo to the other side.

CIVIL APPLICATION NO. 2148 OF 2023 Heard learned counsel for the applicant. None of the respondents appeared, although they had served, nor did they file a reply; therefore, the application proceeded without their response.

2 12cao1980.2025..odt 2.

Perused the application. For the reasons disclosed in the application, the application is allowed. The delay of 63 days caused in filing this appeal is condoned. Accordingly, the appeal be registered. The application is disposed of.

FIRST APPEAL STAMP NO. 13932 OF 2023 The learned counsel for the appellant submits that the claimant has initiated execution proceedings before the learned Tribunal; therefore, he is praying for a stay of the execution proceedings. He further submits that the appellant is ready to deposit the entire awarded amount, along with interest, in this court, within four weeks from today. The statement is accepted as an undertaking to this Court.

2.

Subject to the deposit of the amount as stated above, there shall be a stay of the execution and operation of the impugned order till the next date of hearing. It is made clear that if the appellant fails to deposit the entire amount as stated above, then the stay granted shall stand vacated without further reference to the Court.

3.

List the appeal on 14/07/2025.

(ABHAY J. MANTRI, J.) Belkhede