Bombay High CourtCAF/946/2022ca disposed off

The Branch Manager, National Insurance Co. Ltd., Wadsa Gadchiroli v. Anjali Narhari Deshmukh And Others

2022-06-29Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 41 fa 194-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.946/2022 IN FIRST APPEAL NO.194/2022 The Branch Manager, National Insurance Com. Ltd. Vs.

Anjali Narhari Deshmukh 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 M.A. Kadu, Advocate for appellant Shri A.R. Rishi, Advocate for respondents CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

29/06/ The present application is filed for withdrawal of amount. The appellant deposited total decreetal amount i.e. Rs.18,84,443/-.

For the reason stated in the application, application is allowed.

The respondent Nos.1 to 3 are permitted to withdraw 50% of amount deposited by the appellant on furnishing undertaking, to the effect that if appellant succeed in the matter, the respondent will refund amount as per order which would be passed in this appeal.

Registry is directed to disburse the amount in favour of respondent Nos.1 to 3.

The application is disposed of accordingly.

2 41 fa 194-2022 CIVIL APPLICATION (CAF) NO.362/2022 The present application is filed for grant of stay. In view of the fact, total decreetal amount is deposited by the appellant in the Court, there is no impediment in staying execution and operation of the impugned judgment and award. Accordingly application is allowed.

The impugned judgment and award passed by the Member, Motor Accidents Claims Tribunal, Hinganghat, District Wardha in M.A.C.P. No.104/2017 is hereby stayed.

FIRST APPEAL NO.194/2022 By consent, matter is fixed for final hearing on 28/07/2022 at the admission stage.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE