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Bombay High CourtCAF/2472/2015dispossed offdismiss for default

The Oriental Insurance Company Limited Through Its Branch Manager, Khamgaon v. Smt. Kalibai Wd/O Sukhlal Raut And Others

2016-01-05Hon'Ble Shri Justice Ravi K. Deshpande2 pages

0501caf2472.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2472 of 2015 And Civil Application (CAF) No.2473 of 2015 In First Appeal Stamp No.18138 of 2015 (The Oriental Insurance Company Limited, through its Branch Manager, Buldana v. Smt. Kalibai wd/o Sukhlal Raut and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.W. Paunikar, Advocate for Applicant.

Coram : R.K. Deshpande, J.

Date : 5 th January, 2016 Civil Application (CAF) No.2472 of 2015 :

This civil application seeks condonation of 84 days caused in filing an appeal challenging the award passed by the Motor Accident Claims Tribunal.

The notices were issued to the non-applicants. All the non-applicants are served. They have filed a reply. After going through the application and the reply filed by the non-applicants, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned. The civil application is disposed of.

0501caf2472.15.odt First Appeal Stamp No.18138 of 2015 :

Heard the learned counsel for the appellant.

Admit.

Call for R & P.

The respondents be served by RPAD in addition to regular mode of service.

Civil Application (CAF) No.2473 of 2015 :

The learned counsel for the appellant submits that within a period of one week from today, the entire decretal amount shall be deposited in this Court.

In view of this, there shall be stay in terms of prayer clause (I) of this civil application, which shall continue to operate pending the decision of the appeal.

If the amount is not deposited in this Court within the stipulated period, the interim order shall stand vacated and the Executing Court is directed to execute the decree expeditiously. The civil application is disposed of.

Judge.

Lanjewar