United India Insurance Co. Ltd. Through The Regional Manager, Nagpur v. Smt. Asha Wd/O Dadaji Save, And 4 Others

1 fa979.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.979/2014 United India Insurance Co. Ltd., Chandrapur Branch ..Versus..

Smt. Asha wd/o Dadaji Save and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 11.2.2015 Heard Shri D.N. Kukday, the learned advocate for the appellant. Admit.

Shri Ahbay Sambre, the learned advocate, waives notice for the respondents 1, 2 and 3.

The appellant shall file private paper book within six months, failing which the appeal shall stand dismissed without reference to

2 fa979.14 Court.

C.A.F. NO.3244/2014 Heard.

Considering the facts of the case and the defence raised by the appellant, in my view, this is not a fit case to grant interim order as prayed for by the appellant. The amount of Rs.12,00,000/- shall be kept in a fixed deposit account in nationalized bank in the name of the respondents 1, 2 and 3 as directed by the Tribunal. The claim of the respondents 1, 2 and 3 for withdrawal of the amount shall be considered by this Court if appropriate application is filed accordingly after maturity of the fixed deposit. This amount shall not be given to the respondents 1, 2 and 3 without orders of this Court. The balance amount shall be given to the respondents 1, 2 and 3 in equal proportion. The civil application is allowed in the above terms. JUDGE Tambaskar.