Bombay High CourtCAF/3221/2018ca disposed off

The New India Assurance Co. Ltd. Through Its Divisional Manager, Amravati v. Vasant Uttamrao Raut And 5 ORS.

2018-10-29Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2910caf3221.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3221/2018 IN FIRST APPEAL NO.362/2009 (D) The New India Assurance Co. Ltd., through is Divisional Manager, Amravati ...Versus...

Shri Vasant Uttamrao Raut 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 M.B. Joshi, Counsel for appellant Shri P.S. Raut, Counsel for respondent no.1/applicant CORAM : ARUN D. UPADHYE, J.

DATE : 29/10/2018 Heard the learned Counsel for the parties.

This civil application is filed by the respondent no.1 for withdrawal of amount of Rs.25,000/- deposited in this Court by the appellant The matter is already disposed of on 2/11/2017. The learned Counsel for the appellant has objected for withdrawal of the amount on the ground that he has no instructions whether the Insurance Company has deposited the amount in final award before the Tribunal. He, therefore, prayed that instead of granting permission for withdrawal, the amount may be remitted to the Tribunal for disbursement, if already not paid.

2910caf3221.18.odt The learned Counsel for the respondent no.1 has no objection for the same.

Considering the submissions of the learned Counsel for the parties, I am of the view that the amount deposited in this Court, along with accrued interest thereon, be remitted to the Motor Accident Claims Tribunal, Amravati. After remitting the amount, the respondent no.1 - claimant would be entitled to withdraw the amount, if already not paid.

The civil application stands disposed of.

JUDGE Wadkar, P.S.