Bombay High CourtCAF/3035/2017admittedallwdgrantedrule absolute

Icici Lombard General Insurance Co. Ltd. Mumbai Thr. Legal Manager v. Lalman S/O Kashiram Tagade And Others

2018-03-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3035.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.3035/2017 IN FIRST APPEAL STAMP NO.6540/2017 ICICI Lombard General Insurance Co. Ltd., Sadar, Nagpur ..Vs..

Lalman S/o Kashiram Tagade 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 Sachin Jaiswal, Advocate for the applicant. Shri V.A. Patait, Advocate for non-applicant Nos.3 to 7. CORAM : Z.A. HAQ, J.

DATE : 5.3.2018.

Though some necessary details regarding the concerned dates are lacking, considering the defence of the appellants that the claim of the claimants against insurance company is based on fake and fabricated cover note of insurance policy, and accepting the explanation in the application, delay of 298 days in filing the appeal is condoned. The civil application is allowed accordingly. No costs.

FIRST APPEAL STAMP NO.6540/2017 Taken up for hearing on admission.

ADMIT.

Shri V.A. Patait, Advocate waives notice for non-applicant Nos.3 to 7.

Call records and proceedings.

The appellant shall file private paper book within six months.

2 caf3035.17 C.A.F.3036/2017 Heard.

As the appellant has deposited the amount as per impugned award, by an interim order it is directed that the execution of impugned award shall stand stayed until further orders. The civil application is disposed accordingly. No costs.

The amount deposited by the appellant be kept in fixed deposit in nationalized bank until further orders. The respondents will be at liberty to file application seeking permission to withdraw the amount, if so advised.

JUDGE Tambaskar.