Bombay High CourtCAF/2228/2014dispossed offdismiss for default

The Oriental Insurance Co. Ltd. Gondia Branch Thr. D.M. v. Smt. Rekha Suchakar Tekam And ANR.

2015-03-30Hon'Ble Shri Justice A.S. Chandurkar2 pages

9-CAF-2228-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2228 OF 2014 IN FIRST APPEAL NO.418 OF 2012 The Oriental Insurance Company Ltd. Gondia Br. Through The Divisional Manager, Nagpur. -vsSmt. Rekha Wd/o Sudhakar Tekam & Anr.

WITH CIVIL APPLICATION (CAF) NO.2239 OF 2014 IN FIRST APPEAL NO.419 OF 2012 The Oriental Insurance Company Ltd. Gondia Br. Through The Divisional Manager, Nagpur. -vsSmt. Meena Wd/o Suresh Tekam & Ors.

WITH CIVIL APPLICATION (CAF) NO.2233 OF 2014 IN FIRST APPEAL NO.420 OF 2012 The Oriental Insurance Company Ltd. Gondia Br. Through The Divisional Manager, Nagpur. -vsKu. Aboli D/o Suresh Tekam & Anr.

--------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri D. N. Kukday, Advocate for appellant.

Shri V. S. Lokhande, Advocate for applicants. CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 30, 2015 By these applications, applicants seek permission to withdraw the balance amount that has been deposited by the appellant in this Court. It is submitted that the said respondents are facing financial crisis on account of death of the earning member in the family.

The application is opposed by the learned

9-CAF-2228-14 2/2 counsel for the appellant on the ground that 50% of the amount deposited was already permitted to be withdrawn and no sufficient reasons are now assigned.

Considering earlier orders permitting the respondents to withdraw part of the amounts so deposited, it would be in the interests of justice if the appeals are heard at an early date. Hence the following order is passed : (i) All these appeals arising from the same accident are directed to be listed for hearing in week commencing from 15/06/2015.

(ii) The filing of private paper-book is dispensed with. However, learned counsel for the appellant to place on record depositions of the parties.

Civil Applications are disposed of in aforesaid terms.

JUDGE Asmita