National Insurance Co. Ltd. Nagpur Through The Regional Manager v. Smt. Sangita Wd/O Narendra Palandurkar And Others
18 caf1226.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (F) NO.1226 OF 2020 IN FIRST APPEAL NO. 527 OF 2018 (D) National Insurance Company Vs. Smt. Sangita Palandurkar and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar'
s Orders.
Shri D.N. Kukday, Advocate for appellant.
Shri N.G. Jetha, Advocate for respondent nos.1 to 5/claimants. CORAM : PUSHPA V. GANEDIWALA, J.
DATE : 8 th OCTOBER, 2021.
Heard.
2.
By way of this application, the claimants/respondent nos.1 to 5 are seeking withdrawal of balance decreetal amount, which has been deposited by the appellant with the Registry of this Court.
3.
It is stated that vide order dated 20.04.2018 this Court permitted the claimants to withdraw 50% of the amount deposited by the appellant. Thereafter, the appeal came to be dismissed for non filing of private paper book by the appellant within stipulated period.
4.
Shri D.N. Kukday, learned counsel appearing for the appellant submits that he has already filed an application for restoration of the appeal along with application for condonation of delay.
18 caf1226.20.odt 5.
Learned counsel for the claimants submits that the claimants are facing financial hardship due to Covid-19 pandemic and are in dire need of money.
6.
Considering the need demonstrated in the application, the claimants/respondent nos.1 to 5 are permitted to withdraw further 25% of the amount deposited by the appellant with interest accrued thereon. 7.
The application stands disposed of.
CIVIL APPLICATION (O) NO.633/2021 AND MISC. CIVIL APPLICATION ST. NO.1627 OF 2021 8.
Heard.
9.
Issue notice to the non-applicants, returnable in four weeks.
10.
Shri N.G. Jetha, learned counsel waives service of notice for non-applicant nos.1 to 5.
JUDGE Wagh