Bombay High CourtCAF/1325/2015ca disposed off

I.C.I.C.I. Lombard Insurance Company Ltd., Through Its Legal Manager, Shri Ashay Mahajan v. Sau. Shobhatai W/O. Wasudeorao Bankar And Others

2016-04-05Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 5004caf1325.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.1325 OF 2015 IN FIRST APPEAL ST. NO.10397 OF 2015 ICICI LOMBARD INSURANCE COMPANY LTD.

VS SAU. SHOBHATAI W/O WASUDEORAO BANKAR AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. D. Bhuibhar, Advocate for the appellant. Shri T. J. Patil Advocate for the respondent Nos.1 to 4. CORAM : A.S. CHANDURKAR, J.

DATED : APRIL 05, 2016.

Prayer is to condone the delay in filing the first appeal.

The application is opposed by the learned Counsel appearing for the respondent Nos.1 to 4.

However, considering the reasons mentioned in the application, the delay stands condoned.

Civil application is allowed and disposed of. FIRST APPEAT ST. NO.10397/2015.

Heard.

Admit.

Call for R & P.

Shri T. J. Patil, learned Counsel waives notice on behalf of the respondent Nos.1 to 4 and 6.

To be heard along with First Appeal St. No.6165/2015.

CIVIL APPLICATION (O) NO.576/2016.

This application is moved by the respondent

2 5004caf1325.15 Nos.1 to 4 seeking permission to withdraw the amount of compensation deposited by the appellant.

The respondent No.6 herein has also challenged the judgment dated 28-10-2014 in First Appeal Stamp No.6165/2015. By order dated 4-4-2016, the claimants therein were permitted to withdraw an amount of Rs.8,00,000/- on filing usual undertaking.

In view of aforesaid, and for the reasons mentioned in the order dated 4-4-2016, the respondent Nos.1 to 4 are permitted to withdraw an amount of Rs.8,00,000/- subject to filing usual undertaking. The remaining amount shall be invested in fixed deposit. Civil application is allowed and disposed of. JUDGE /MULEY/