United India Insurance Co. Ltd., Thr. Its Regional Manager, Nagpur v. Smt. Bhumika Wd/O Sanjay Sutay And Others

2023:BHC-NAG:12339 1 22 caf 1963-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1963/2023 IN FIRST APPEAL STAMP NO. 3537/2019 United India Insurance Co. Ltd., through its Regional Manager, Nagpur Vs.

Smt. Bhumika Wd/o Sanjay Sutay and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri. C.A. Anthony, Advocate for appellant Shri P.S. Wathore, Advocate for respondent Nos. 1 to 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 17/08/2023 Present application is filed for grant of permission to serve respondent No.4 by paper publication.

2.

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

3.

Permission is granted to serve respondent No.4 by paper publication.

4.

Appellant to take necessary steps.

5.

Application stands disposed of.

2 22 caf 1963-2023 CIVIL APPLICATION (CAF) NO. 1962/2023 Present application is filed for withdrawal of the compensation amount deposited by the appellant. 2.

Learned Counsel for appellant vehemently opposed the application.

3.

It appears that this Court vide order dated 05/08/2019, allowed the applicant to withdraw 50% of amount of compensation, after furnishing usual undertaking.

4.

The total amount deposited by the appellant is Rs.62,04,006/-.

5.

As such respondents/claimants have already withdrawn amount of Rs.31,02,003/-. As such, out of out of balance compensation amount, it would be appropriate to allow to withdraw 50% of the same on of furnishing surety to the satisfaction of Registrar (Judicial). Accordingly, application is partly allowed. 6.

Applicants are permitted to withdraw 50% of remaining compensation amount on furnishing surety to the satisfaction of Registrar (Judicial) of this Court. 7.

Application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Jayashree..