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Bombay High CourtCAF/2784/2016ca disposed off

The Oriental Insurance Company, Yavatmal, Thr. Branch Manager, Represented By Dy. Manager v. Sau. Baby Vitthal Thorat And Others

2017-09-26Hon'Ble Kum. Justice Indira Jain1 pages

1 caf2784.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.2784/2016 AND CAF NO.2785/2016 AND CAO NO.65/2017 IN FIRST APPEAL ST. NO.10555/2016 [The Oriental Insurance Company .vs. Sau. Bebi w/o Vitthal Thorat and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Mrunal Naik, Advocate for applicant-appellant, Shri S.C. Bhalerao, Advocate for respondent nos.1 and 2. ..........

CORAM : KUM. INDIRA JAIN, J.

DATED : SEPTEMBER 26, 2017.

Heard.

For the reasons disclosed therein, though application is objected by the claimants, delay of 37 days caused in filing the appeal stands condoned. The First Appeal is ADMITTED.

Learned counsel to file the private paper book within a period of six months from today. Upon appellant depositing entire amount under the Award, there shall be stay to the execution of the impugned judgment and award. Upon claimants furnishing an usual undertaking with the Registrar (Judicial) of this Court, claimants are permitted to withdraw amount to the extent of Rs.3.00 Lacs.

Learned counsel for the claimants undertakes that amount and interest thereon, as is directed by this Court, shall be refunded, in case the appeal is allowed.

All Civil Applications stand allowed and disposed of as such.

JUDGE Gulande