Bajaj Alianz General Insurance Co. Ltd. Through Senior Executive Claims (Leagal), Nagpur v. Sisam S/O Parasram Raxa And 3 Others

1 fa929.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.3416/2019 in First Appeal No.929/2016 Bajaj Allianz Insurance Co. Ltd. Vs. Sisam Raxa and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D.N. Kukday, Advocate for appellant Mr. Shashikant Borkar for respondents No.1 and 2. CORAM : MANISH PITALE, J.

DATED : SEPTEMBER 11, 2019 This is an application moved by the applicant / appellant insurance company seeking permission to deposit balance decretal amount, in terms of earlier order passed by this Court. It is submitted by the learned counsel for the appellant that the cheque for the said amount is ready for deposit. Hence, this application is disposed of by granting permission to the appellant to deposit the cheque for the balance amount with this Court within a period of two weeks.

First Appeal No.929/2016.

The learned counsel appearing for the respondents No.1 and 2 (original claimants), submits that an application was earlier moved on their behalf for permission to withdraw the amount deposited by

2 fa929.16.odt the appellant insurance company. But, since the appellant had failed to deposit the amount within stipulated period of time, said application stood disposed of without any effective order. In view of the fact that today the appellant has been granted permission to deposit the cheque of balance amount which is said to be balance decretal amount, a prayer is made on behalf of the respondents No.1 and 2 to permit them to withdraw at least 50% of the amount deposited by the appellant in this Court.

Having heard the learned counsel for the parties, this Court is of the opinion that it would be in the interest of justice that the aforesaid prayer made on behalf of the respondents No.1 and 2 is granted. Accordingly, upon deposit of the balance decretal amount by the insurance company, the respondents No.1 and 2 are permitted to withdraw at 50% of the amount on furnishing usual undertaking.

JUDGE MP Deshpande