Bombay High CourtCAF/1142/2018admittedallwdgrantedrule absolute

Smt. Shamabai W/O Sheikh Nijam And Others v. M/S National Insurance Co. Ltd. Nagpur Through Divisional No, Ii

2018-04-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf1142.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1142 OF 2018 IN FIRST APPEAL NO. 239 OF 2007 (SMT. SHAMABI SHEIKH NIJAM & OTH....VS.. M/S. NATIONAL INSURANCE CO. LTD.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Abdul Subhan, Advocate for Applicants/Respondents. Shri B.B.Raipure, Advocate for Appellant.

CORAM : Z.A.HAQ, J.

DATED : APRIL 06, 2018.

CIVIL APPLN.NO. 1142/2018.

By this application, the applicants/claimants pray that the amount of compensation deposited by the original appellant/ Insurance Company and lying in deposit with the Registry of this Court be given to applicant No.1 (mother of applicant Nos. 2 to 8). It is submitted that the applicant Nos. 2 to 8 are major and they have no objection for disbursement of the amount in the name of the applicant No.1. The learned advocate appearing for the Nonapplicant/Insurance Company states that the non-applicant is not having any objection for disbursement of the amount to the applicants.

The amount lying in deposit with the Registry of this Court along with interest on it, if any, be transmitted to the account of the applicant No.1-Smt. Shamabi Sheikh Nijam.

The civil application is allowed accordingly. No costs.

2 caf1142.18 CIVIL APPLN.NO. 1143/2018.

Issue notice to the Divisional Manager, M/s. National Insurance Co. Ltd., Division No.II, Nagpur/ original appellant to show cause why proceedings under the Contempt of Courts Act, 1971 should not be initiated against him for not complying with the order passed by this Court in First Appeal No.239 of 2007 on 9th January, 2015 directing that the amount of costs of Rs.Ten Thousand be paid till 15th March, 2015.

Shri B.B.Raipure, advocate waives notice for the non-applicant-Insurance Company (original appellant). The non-applicant may file reply/ affidavit, if so advised till 23rd April, 2018.

List the application for further consideration on 25th April, 2018.

JUDGE RRaut..