The New India Assurance Com. Ltd. Through Its Divisional Manager, Nagpur v. Smt. Jahurabai Wd/O Mangal Tonde (Dead) Through Lrs. Ravi Mangal Tonde And Others

903 caf-2060-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.2060 OF 2022 IN FIRST APPEAL NO.474 OF 2007 (D) {The New India Assurance Company Limited ..Vrs.. Smt. Jahurabai wd/o Mangal Tonde (deceased) thr her LRs. and Anr.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri P. A. Jibhkate, Advocate for the Respondents No.1 and 2. CORAM : ABHAY AHUJA, J.

DATE : 4 th OCTOBER , 202 2 .

.

This is an application seeking withdrawal of the amount lying in this Court as per Compromise Pursis dated 12.12.2015.

2.

Earlier, First Appeal No.474 of 2007 filed by the Insurance Company was dismissed. Learned counsel for the Respondents draws the attention of this Court to a Compromise Pursis dated 12.12.2015, pursuant to which, an amount of Rs.1,25,000/- was deposited in this Court and out of which, the Claimants were entitled to withdraw a sum of Rs.75,000/- only and rest of the amount with interest thereon was to be refunded to the Insurance Company. Learned counsel states on instructions that till date, no amount has been withdrawn by his Clients.

3.

Having heard learned counsel and having perused the application as well as Compromise Pursis dated 12.12.2015, let the Claimants be permitted to withdraw an amount of Rs.75,000/- lying in this Court alongwith interest on the said

903 caf-2060-2022 amount.

4.

Registry to act accordingly after due verification by the Registrar (J) of this Court.

(JUDGE) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE