Bombay High CourtCAO/2059/2018admittedallwdgrantedrule absolute

M/S Cholamandalam Ms General Insurance Com. Ltd, Ahmedabad Thr Its General Manager, Nagpur v. Karamsibhai S/O Ratansi Patel And Other

2018-12-07Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0712cao2059.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.2059/2018 IN MISC. CIVIL APPLICATION ST. NO.18005/2018 IN FIRST APPEAL NO.1196/2009 M/s. Cholamandalam MS General Insurance Company Limited, Ahmedabad, through its General Manager, Nagpur ...Versus...

Karamsibhai s/o Ratansi Patel and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Pophaly, Counsel for applicant Shri A.N. Ansari, Counsel for respondent nos.1 to 4 CORAM : ARUN D. UPADHYE, J.

DATE : 07/12/2018 Heard.

There is a delay of 397 days caused in filing the misc. civil application for restoration.

For the reasons stated in the application, the delay caused is condoned. The civil application is allowed. MISC. CIVIL APPLICATION ST. NO.18005/2018 Heard.

For the reasons stated in the application, the misc. civil application is allowed. The matter is restored to its original file.

The civil application stands disposed of.

0712cao2059.18.odt C IVIL APPLICATION (CAF) NO.2315/2018 Heard.

Perused the application. The other side has no objection for withdrawal of the amount. It is stated that amount of Rs.50,000/- has already been withdrawn out of Rs.1,00,000/- deposited.

Considering the submissions of the learned Counsel for the parties, it would be just and proper to allow the respondent nos.1 to 4/applicants to withdraw the remaining 50% amount. Hence, I pass the following order.

O R D E R

The civil application is allowed. The respondent nos.1 to 4/applicants are permitted to withdraw the remaining amount of Rs.50,000/- with accrued interest thereon upon furnishing usual undertaking.

The civil application stands disposed of.

JUDGE Wadkar, P.S.