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Bombay High CourtCAF/2555/2018admittedallwdgrantedrule absolute

The National Insurance Co. Ltd., Buldhana Through Its Regional Manager, Nagpur v. Smt. Leelabai Sunil Nemade And Others

2019-07-19Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

cao 1319.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR PURSIS (ST.) NO. 2069 OF 2019 with CIVIL APPLICATION (CAO) NO. 1319 OF 2019 with CIVIL APPLICATION (CAF) NO. 2555 OF 2018 in FIRST APPEAL (ST.) NO. 13718 OF 2018 [The National Insurance Co. Ltd., Nagpur Vs. Smt. Leelabai Sunil Nemade and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri C. A. Anthony, Advocate for the appellant Shri S. D. Pawar, Advocate for respondent nos. 1 to 3 Shri D. N. Kukday, Advocate for respondent no. 7. CORAM : M. G. GIRATKAR, J.

DATE : 19/07/2019 Heard learned Advocate Shri Pawar for respondent Nos. 1 to 3.

Respondent nos. 4 and 5 are died. The death certificates are filed on record.

Appellant is directed to delete the names of respondent nos. 4 and 5 within a period of one week. Legal heirs of deceased respondent nos. 4 and 5 are already on record i.e. respondent nos. 1 to 3. CIVIL APPLICATION (CAO) NO. 1319 OF 2019 Heard learned Advocate Shri Pawar for respondent nos. 1 to 3.

The application is strongly opposed by learned Advocate Shri Anthony for the appellant.

cao 1319.2019.odt Looking to the grounds mentioned in the application, respondent nos. 1 to 3 are permitted to withdraw 50% amount deposited before this Court on furnishing usual undertaking before the Registrar (Judicial).

CIVIL APPLICATION (CAF) NO. 2555 OF 2018 The entire amount of compensation is deposited before this Court. The delay is of 88 days.

Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) NO. OF 2019 Heard.

Admit.

Issue notice to the respondents.

Shri Pawar, learned Advocate waives notice on behalf of respondent nos. 1 to 3.

Shri Kukday, learned Advocate waives notice on behalf of respondent no. 7.

Call R & P.

JUDGE SMGate