Bombay High CourtCAF/1065/2015dispossed offdismiss for default

I.C.I.C.I Lombard Motor Insurance,Chandrapur Through Branch Manager v. Smt. Geeta Wd/O Nitesh @ Nitin Wankhede And 3 Others

2015-04-27Hon'Ble Shri Justice A.S. Chandurkar2 pages

2704xob15.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CROSS OBJECTION NO. 15 OF 2015 AND CIVIL APPLICATION (CAF) NO. 1065 OF 2015 IN FIRST APPEAL NO. 692 OF 2013 ICICI Lombard Motor Insurance Nagpur Vs. Geeta wd/o Nitesh @ Nitin Wankhede & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. D. Bhuibhar Adv for appellant.

Shri S. R. Charpe Adv for respondent nos. 1 to 3. CORAM: A.S.CHANDURKAR J.

DATED: 27th APRIL, 2015.

Heard. Admit.

Shri R. D. Bhuibhar, learned counsel waives notice on behalf of original appellant.

Civil Application no. 1065 of 2015: Prayer is to permit the claimants to withdraw amount of compensation deposited by the appellant. It is stated that on 07.07.2014 the claimants were permitted to withdraw an amount of Rs. 2,00,000/-. However, on account of liabilities incurred the claimants are seeking permission to further withdraw an amount of compensation. The application is opposed by learned counsel for the appellant on the ground that permission was initially granted to the claimants and hence no further directions are required.

2704xob15.15 Considering the reasons assigned in the application the claimants are permitted to withdraw an amount of Rs. 1,50,000/- subject to furnishing undertaking that in case the appeal is allowed said amount shall be repaid with interest at such rate the Court may direct. Civil application disposed of. First Appeal No. 692 of 2013: Learned counsel for the appellant states that an amount of Rs. 5,80,000/- has been deposited in this Court vide cheque dated 16.08.2013. He submitted that said figure has been inadvertently mentioned as Rs. 7,80,000/- in the order dated 05.01.2015. As the appellant has deposited Rs. 5,80,000/- in this Court the order dated 05.01.2015 stands clarified to read that the appellant has deposited sum of Rs. 5,80,000/- only. JUDGE svk