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Bombay High CourtCAF/717/2015dispossed offdismiss for default

Lilaram Haribhau Rokde v. Branch Manager, National Insurance Company Limited, Nagpur And 2 Others

2015-03-19Hon'Ble Shri Justice A.S. Chandurkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.717 OF 2015 IN FIRST APPEAL NO.169 OF 2014 Lilaram Haribhau Rokde -vsBranch Manager, National Insurance Co. Ltd. & Ors. WITH FIRST APPEAL NO.1359 OF 2013 National Insurance Co. Ltd Through Branch Manager -vsAbdul Wahab Khan s/o Abdul Sattar Khan & Ors. ------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------ Shri H. S. Chitaley, Advocate for applicant in CAF No.717/15 and for respondent No.3 in F.A.No.1369 of 2013.

Shri Asghar Hussain for respondent No.2 & 3 in FA No.169 of 2014 and for appellant in F.A.No.1369 of 2014.

CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 19, 2015 Prayer is to modify the order dated 06/02/2015 passed by this Court while admitting the First Appeals. By said order, the owner of the vehicle was directed to furnish solvent surety for the amount deposited by the Insurance Company. This direction was issued on the premise that the Insurance Company had deposited the sum awarded by the Claims Tribunal. It is further submitted that the Insurance Company till date has not deposited said amount in this

2/3 Court. Hence prayer is made to extend the time to comply with the order dated 06/02/2015 by period of four weeks. The learned counsel for claimant-respondent No.2 does not seriously oppose extension of time to comply with aforesaid order. However time of four weeks is granted to the appellant in First Appeal No.1359 of 2013 to deposit the amount as awarded by the Claims Tribunal. Accordingly time to comply with the order dated 06/02/2015 is extended by period of six weeks from today.

Civil application stands disposed of in aforesaid terms.

JUDGE

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