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Bombay High CourtCAF/1579/2023allowed

New India Assurance Company Ltd., Nagpur Through Its Branch Manager, Chandrapur v. Smt. Vimal Wd/O Baburao Shivarkar And Others

2023-07-18Hon'Ble Smt. Justice M. S. Jawalkar2 pages

905-CAF 1579-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1579 OF 2023 IN FIRST APPEAL NO. 906 OF 2015 (DECIDED) NEW INDIA ASSURANCE COMPANY LTD. NAGPUR VS.

SMT. KANTA SURYABHAN MARKANDE AND OTHERS - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri T.J. Patil, Advocate for respondent No.1. Shri K.L. Dharmadhikari, AGP for respondent No.5. CORAM : SMT. M.S. JAWALKAR, J.

DATE : 18/07/2023 Present application is filed by respondent Nos. 1 to 3 for grant of permission to withdraw the amount so deposited by the appellant. The appeal filed by appellant, New India Assurance Company Ltd., came to be withdrawn. In view thereof, present application is filed for grant of permission to withdraw remaining amount along with accrued interest.

2.

In view of the withdrawal of first appeal and deposit of balance amount, I do not see any hurdle in allowing the application. Accordingly, the application is allowed.

KOLHE

905-CAF 1579-2023.odt 3.

The Registry is directed to disburse remaining amount of compensation deposited by appellant along with accrued interest in favour of respondent Nos. 1 to 3, within a period of three weeks, on due verification of documents. 4.

Application stands disposed of.

JUDGE CHANDRAKANT KOLHE 18:06 KOLHE