United India Insurance Co. Ltd., Thr. Branch Manager, Yavatmal v. Subhadra Laxman Meshram And Others

2024:BHC-NAG:4128 39-CAF-1120-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1120 OF 2024 IN FIRST APPEAL NO. 148 OF 2022 (United India Insurance Co. Ltd. Vs. Ajay Dutta Kumare & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms Alpana Ingolikar h/f Ms Mrunal Naik, Counsel for the appellant.

Shri Yash Sodhi, Counsel for the applicant/respondent no.1.

Shri S.R. Kumbhalkar h/f Shri P.S. Tiwari, Counsel for respondent nos. 3 and 4.

.....

CORAM : ANIL L. PANSARE, J.

APRIL 10, 2024.

By this application, the applicant/ respondent no.1 seeks permission to withdraw the amount of compensation deposited by the appellant. 2] Perused the impugned judgment.

Considering the nature of evidence on record, the applicant is permitted to withdraw 50% of the amount of compensation on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct.

3] The Civil Application is disposed of.

CIVIL APPLICATION NO. 640/2021 IN FIRST APPEAL NO. 149/2022 4] The applicant/Insurance Company has not pressed for any orders for last three years. The

39-CAF-1120-2024 application is filed to stay the effect and operation of the impugned judgment and award.

5] Since the application has been not pressed for three years and since no stay was granted, no fruitful purpose will be served by keeping the application pending. The same is accordingly rejected.

(ANIL L. PANSARE, J.) Sumit