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Bombay High CourtCAF/2136/2021ca disposed off

National Insurance Co. Ltd. Nagpur Thr. Regional Office v. Smt. Mangala Wd/O Raju Onkar And Others

2021-10-28Hon'Ble Shri Justice V.M. Deshpande2 pages

caf2136.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2136/2021 IN FIRST APPEAL NO. 1377/2018 (D) National Insurance Company Ltd. Nagpur .vs. Smt. Mangala wd/o Raju Onkar and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. S. V. Kolhe, Advocate for applicant.

Mr. a. B. Moon, Advocate for non applicant to 6. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 28, 2021 This is an application for correction in the name of respondent no.4 in the cause title of memo of appeal. Application is moved by respondent nos. 1 to 4. Learned counsel for appellant-National Insurance Company is absent. Respondent nos. 1 to 4 are represented by Mrs.Kolhe, Advocate. Whereas, respondent no.5 is represented by Mr. A. B. Moon, Advocate. Respondent nos.1 to 4 filed Claim Petition No.1149/2012. An award was passed in favour of respondent nos.1 to 4. It was questioned before this Court by the appellant by filing First Appeal No. 1377/2018. This Court (Coram: N. W. Sambre, J.) on 09.09.2021 disposed of the appeal and permitted respondent nos. 1 to 4 to withdraw the amount deposited by the appellant.

In the memo of appeal, the appellant has typed name of respondent no.4 as, "Smt. Venubai wd/o Raju

caf2136.21.odt Onkar". Mrs. Kolhe, learned counsel for respondent nos. 1 to 4 would submit that it is a typographical mistake. She has invited my attention to the cause title of the claim petition filed on behalf of the claimants. Perusal of the same would show that name of respondent no.4 is, "Smt. Venubai wd/o Yashwant Onkar".

In view of the said typographical mistake, the respondent nos.1 to 4 are facing trouble for withdrawal of this amount.

Hence, application is allowed. Respondent nos. 1 to 4 are permitted to correct cause title of memo of First Appeal No.1377/2018 and correct name of respondent no.4 as "Smt. Venubai wd/o Yashwant Onkar".

The application is disposed of.

JUDGE kahale