Bombay High CourtCAF/1958/2013dispossed offdismiss for default

I.C.I.C.I. Lombard General Insurance Com. Ltd., Thr. Branch Manager, Nagpur v. Indira Wd/O Rupchand Parteki And 4 Others

2015-02-20Hon'Ble Shri Justice Z.A. Haq2 pages

2002fa1095.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.1095/2014 I.C.I.C.I Lombard General Insurance Company Limited through Branch Manager, Nagpur ...Versus...

Indira wd/o Rupchand Parteki 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 R.D. Bhuibhar, Advocate for appellant Shri Asghar Hussain, Advocate for respondent nos.1 to 4 CORAM : Z.A. HAQ, J.

DATE : 20.02.2015 Heard the learned Advocates for the respective parties.

ADMIT.

Advocate Shri Asghar Hussain waives notice on behalf of the respondent nos.1 to 4.

The appellant shall file private paper-book till 20.08.2015.

CIVIL APPLICATION F. NO.1958/2013 The learned Advocate for the appellant submits that Rs.50,000/- were already deposited as no fault liability and it is withdrawn by the respondent nos.1 to 4. It is submitted that out of the balance amount, Rs.25,000/- are deposited at the time of

2002fa1095.14.odt filing of the appeal with the Registry of this Court and the balance amount of Rs.2,95,000/- is deposited before the Tribunal. The respondent no.1 is permitted to withdraw the amount of Rs.25,000/- deposited by the appellant with the Registry of this Court. The Tribunal shall disburse the amount of Rs.2,95,000/- to the respondent nos.1 to 4 according to the order passed by it taking into consideration the withdrawals made by the concerned respondents. The appellant shall deposit the balance amount which is required to be deposited as per the impugned award before the Tribunal within eight weeks and the amount so deposited shall also be paid to the respondent nos.1 to 4 in terms of the above order.

If the balance amount is not deposited within eight weeks, the interim order shall stand vacated and the respondent nos.1 to 4 will be at liberty to proceed with the execution. It is clarified that the respondent nos.1 to 4 are not required to give undertaking.

The civil application is disposed of in the above terms. JUDGE Wadkar