The Br. Manager, Bharti Axa Gen. Insu. Co. Ltd., Nagpur (Icici Lombard Gen. Insu. Co. Ltd.) v. Binita D/O Ramkumar Sharma Thr. P.O.A. Holder Ramkumar S/O Rameshwar Prasad And Other

29 caf1572.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1572 OF 2024 IN FIRST APPEAL STAMP NO.10677 OF 2024 The Branch Manager, the Bharti AXA General Insurance Co.Ltd. Vs.

Binita D/o Ramkumar Sharma Through POA holder __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri R.D. Bhuibhar, Advocate for appellant.

Shri K.P. Mirache, Advocate for respondent no.1. CORAM : M.W. CHANDWANI, J.

DATE : 11.11.2024.

1.

Heard.

2.

By this application, the applicant is seeking condonation of delay of 167 days in filing the appeal. 3.

For the reasons mentioned in the application coupled with no objection of the non-applicant no.1, the delay is condoned. Appeal be registered.

4.

The application stands disposed of.

FIRST APPEAL STAMP NO.10677 OF 2024 5.

Heard.

6.

Issue notice to the respondents, returnable within four weeks.

29 caf1572.24.odt 7.

Shri K.P. Mirache, learned counsel waives service of notice on behalf of respondent no.1.

CIVIL APPLICATION (CAF) NO.3203 OF 2024 8.

This is an application for withdrawal of amount deposited by the appellant.

9.

For the reasons mentioned in the application coupled with grounds raised in the appeal, respondent no.1 is permitted to withdraw Rs.10,00,000/- (Rs. Ten lakh) from the decreetal amount alongwith accrued interest thereon on furnishing usual undertaking.

10.

The application stands disposed of.

JUDGE Wagh