United India Insurance Co. Ltd. Nagpur Through Its Divisional Manager v. Smt. Arti Wd/O Gautam Darda And Others

2025:BHC-NAG:6495-DB 1 915) CAF 2375-2025 in FA 940-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 2375 OF 2025 IN FIRST APPEAL NO. 940 OF 2024 UNITED INDIA INSURANCE CO. LTD. NAGPUR THROUGH ITS. DIVISIONAL MANAGER ...Vs...

SMT. ARTI WD/O. GAUTAM DARDA 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 C.A.Anthony, Advocate for appellant.

Ms. Ayushi Dangre, Advocate with Shri Abhishek Tripathi, Advocate for respondent nos. 1 to 3.

Shri U.V.Chakravarty, Advocate for respondent nos. 4, 5 & 7 to 9. CORAM: SMT. M.S.JAWALKAR AND PRAVIN S. PATIL, JJ.

DATED : 09th JULY, 2025.

The present application is filed on behalf of respondent nos. 1 to 3 for permission to withdraw the amount of Rs. 9,17,24,835/- and interest accrued thereon. This amount is already deposited by the appellant in compliance with the order dated 04/09/2024.

2.

The learned counsel for the appellant has extended his no objection to withdraw 75% of the amount deposited by the appellant. The learned counsel for respondent nos. 4, 5 & 7 to 9 has also no objection to allow the respondent nos. 1 to 3 to withdraw 75% of the said amount deposited by the appellant. As such, the application is partly allowed.

3.

The respondent nos. 1 to 3 are permitted to withdraw 75% of the amount so deposited by the appellant on 11/11/2024.

2 915) CAF 2375-2025 in FA 940-24.odt 4.

Nazir is hereby directed to disburse the said amount in favour of respondent nos. 1 to 3 on verification of bank details and on furnishing the usual undertaking to the effect that, if the appellant succeeds in the First Appeal and if any deduction made in the compensation, they will refund the said amount. The respondent nos. 1 to 3 to file an undertaking within a period of one week.

5.

On furnishing the usual undertaking, the said amount will be disbursed in the bank account of respondent nos. 1 to 3.

6.

Accordingly, the application stands disposed of. (PRAVIN S. PATIL, J.) (SMT. M.S.JAWALKAR, J.) B.T.Khapekar