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Bombay High CourtCAF/1992/2025ca disposed off

I.C.I.C.I. Lombard General Insu. Co. Ltd., Through Its Divisional Manager, Nagpur v. Manita Pawan Dhurve And Others

2025-07-21Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 01-caf1992.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 1992 OF 2025 IN FIRST APPEAL NO. 682 OF 2023 ( I.C.I.C.I Lombard General Insurance Company Ltd, Nagpur .vs.. Manita Pawan Dhurve and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.J. Patil, Advocate h/f. Mr. R.D. Bhuibhar, Advocate for the appellant, Ms. S.H. Bhagat, Advocate h/f. Mr. P.R. Agrawal, Advocate for respondent Nos. 1 to 3, 5 and 6.

CORAM : ABHAY J. MANTRI, J.

DATED : 21-07-2025 Applicants/respondent Nos. 1, 5 and 6 have moved this application to permit them to withdraw the amount deposited by the appellant in this Court, for which the learned Advocate for the appellant has objected.

2.

Having considered impugned judgment and grounds stated in the appeal memo, I do not find substance in his objection. However, considering the reasons disclosed in the application, the application is partly allowed. The applicants are permitted to withdraw 80% of the compensation amount, along with accrued interest thereon, upon furnishing a usual undertaking and providing their bank account details to the registry.

3.

Upon furnishing the usual undertaking as well as the bank account details, the Registrar (J) is directed to transfer 80% of the compensation amount along with accrued interest thereon, as per the award, in the bank accounts of the respective applicants, within five weeks thereafter.

2 01-caf1992.25.odt 4.

The application is disposed of.

Civil Application No. 2169/2023.

As per the order dated 09-08-2023, the appellant has deposited the entire compensation amount in this Court. In view of this, the application is allowed in terms of the prayer clause (1).

2.

The application is disposed of accordingly.

First Appeal No.682/2023.

Call for record and proceedings.

(ABHAY J. MANTRI, J.) adgokar