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Bombay High CourtCAF/2263/2025ca disposed off

The Oriental Insurance Comany Thr. Divsnl Manager, Nagpur v. Baliram Bhonaji Gayki And 4 Otrs

2025-07-04Hon'Ble Shri Justice Abhay J. Mantri1 pages

2025:BHC-NAG:8942 1 10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2263 OF 2025 IN FIRST APPEAL NO. 407 OF 2009 (D) (tHE Oriental Insurance Co. Vs. Baliram Bhonaji Gayki (dead) thr LRs) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Alpana Ingolikar Advocate h/f Ms. Mrunal Naik, Advocate for appellant Mr. A.J. Thakkar, Advocate for respondent No. 2/applicant. CORAM : ABHAY J. MANTRI, J.

DATED : 04-07-2025 Heard.

2.

Learned counsel for respondent No. 2 in First Appeal has moved this application to permit her to withdraw her 1/3rd share of the compensation amount deposited by the appellant herein for which learned counsel for appellant has no objection as the First Appeal was disposed of on 30.07.2024. Learned counsel for appellant further submits that the learned Labour Court, while passing the judgment and Award has granted equal share to all the three respondents out of them respondent No. 3 has withdrawn his share and respondent No. 1 has died during pendency of the appeal.

3.

Considering the reasons disclosed in the application as well as perusal of the judgment and award passed by the Labour Court and in view of no objection of learned counsel for appellant, application is allowed as prayed.

4.

The applicant i.e. applicant No. 2 Ku. Bharti Baliram Gayki Corrected as per order dated 09.09.2025 (after marriage Bharti w/o Ramesh Bhise) is permitted to withdraw 1/3rd amount of her share along with accrued interest thereon from the Labour Court. The application is disposed of. (ABHAY J. MANTRI, J.) Belkhede