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Bombay High CourtCAF/1670/2019ca disposed off

Reliance General Insurance Co. Ltd. Raipur, Branch Office At Nagpur Thr. Authorised Legal Officer v. Sau. Rekha Ashokrao Thakre And Others

2021-08-30Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1/2 15-a caf 1669.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1669 OF 2019 IN FIRST APPEAL (ST) NO. 6813 OF 2019 Reliance General Insurance Company Ltd.

VS.

Sau. Rekha Ashokrao Thakre and others Office Notes, Office Memoranda of Coram, Appearances, court'

s orders or directions and Registrar'

s orders Court's or Judge's orders Shri Hitesh N.Verma, Advocate for the appellant. Smt. Mrunal Naik, Advocate for the respondent Nos.1 to 2. CORAM : SMT.PUSHPA V. GANEDIWALA, J.

DATE : 30th AUGUST, 2021 Heard.

2.

Perused the application.

3.

Considering the reasons as stated in paragraph Nos. 3 and 4, the application for condonation of delay of 23 days is condoned.

4.

The application stands disposed of.

FIRST APPEAL 1.

Issue notice to the respondents.

2.

Smt. Mrunal Naik, learned counsel waives service of notice on behalf of respondent Nos. 1 to 2. 3.

Shri A. Hussain, learned counsel waives service of notice on behalf of respondent No.9.

4.

Notice to respondent Nos. 3 to 8 is made returnable after six weeks.

2/2 15-a caf 1669.19.odt 5.

Call R. and P.

6.

Appeal be registered.

CIVIL APPLICATION (CAF) NO.1678 OF 2021 1.

By way of this application respondent Nos. 1 to 2/claimants sought permission to withdraw the amount deposited by the appellant-Insurance Company. 2.

It is stated that amount of Rs.15,76,215/- deposited by the appellant with the Registry of this Court vide C.C.D.R. No.143 dated 06/05/2019. The respondents/claimants are the legal heirs of deceased who died in the motor accident.

3.

Considering the reasons as stated in the paragraph Nos. 5 and 6 of the application, respondentsclaimants are permitted to withdraw the 50% of the amount deposited by the appellant with accrued interests on furnishing usual undertaking.

4.

In view of aforesaid, the Civil Application stands disposed of.

CIVIL APPLICATION (CAF) NO.1670 OF 2019 1.

As the appellant has already deposited the entire amount of compensation with Registry of this Court, the ad-interim stay granted by this Court vide order dated 15.04.2019 is made absolute pending decision on this application.

2.

In view of aforesaid, the Civil Application stands disposed of.

JUDGE manisha