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Bombay High CourtCAF/2101/2025allowed

United India Insurance Co. Ltd., Insured Company Of Mahindra Jeep, Gondia v. Anil S/O. Laxman Meshram And Others

2025-09-10Hon'Ble Shri Justice Pravin S. Patil2 pages

1 39.caf.2101.2025

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 2101 OF 2025 IN FIRST APPEAL NO. 458 OF 2016 United India Insurance Co. Ltd.

..vs..

Anil s/o Laxman Meshram - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Aditi Timande, Advocate h/f Shri K.S. Motwani, Advocate for the applicant/respondent no.1.

CORAM: PRAVIN S. PATIL, J.

DATED : 10/09/2025.

By this application, the claimant/respondent no.1 seeking permission for withdrawal of amount lying with this registry.

2.

It is seen from the record that the Registrar (Judicial) has dismissed the appeal for non-compliance of the order dated 28.11.2018.

3.

According to the said order, the appeal stood dismissed on 03.06.2019. The appellant Company since last six years failed to take any steps to restore the appeal. Thus, it is clear that the appellant Company is not interested in prosecuting the present appeal on merits.

4.

This Court on this application issued notice to the appellant Company and the same was served to the Company by way of Hamdast, but none appeared for the appellant in the matter.

5.

In this circumstances and for the reasons stated in the application, the application is allowed. Respondent

2 39.caf.2101.2025 no. 1 is permitted to withdraw the amount deposited by the Appellant/Insurance Company with accrued interest thereon, subject to the satisfaction of the Registrar(judicial).

6.

The application stands disposed of accordingly. (PRAVIN S. PATIL , J.

) Trupti