Bombay High CourtCAF/3876/2017admittedallwdgrantedrule absolute

The New India Assurance Co. Ltd. Thr. Regional Manager v. Ramchandra S/O Kundanlal Soni And Others

2018-04-11Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3876.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3876 OF 2017 AND FIRST APPEAL ST. NO. 19712 OF 2017 (THE NEW INDIA ASSURANCE CO.LTD.....VS..RAMCHANDRA KUNDANLAL SONI & ORS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.B.Joshi, Advocate for Applicant/Appellant. Shri R.M.Pande, Advocate for Respondent No.1. CORAM : Z.A.HAQ, J.

DATED : APRIL 11, 2018.

CIVIL APPLN.NO.3876/2017 Accepting the explanation given in the application, delay of 10 days in filing the appeal is condoned. The civil application is allowed. No costs.

FIRST APPEAL ST.NO. 19712/2017.

Taken up for hearing on admission.

Issue notice for final disposal, returnable on 18th July, 2018.

Shri R.M.Pande, advocate waives notice for the respondent No.1.

Call R & P.

2 caf3876.17 CIVIL APPLN.NO.3877/2017.

As the appellant has deposited the amount, the interim order granted on 26th September, 2017 to continue until further orders.

The civil application is disposed accordingly. CIVIL APPLN.NO. 321/2018.

The application filed by the claimant praying for permission to withdraw the amounts, as filed, cannot be considered.

The civil application is dismissed. However, after hearing the learned advocates for the appellant/ Insurance Company and the respondent No.1/claimant and considering the facts of the case and points raised by the Insurance Company, the respondent No.1/claimant is permitted to withdraw Rs.Ten Lakhs from the amount deposited by the Insurance Company. The balance amount be kept in fixed deposit in a nationalized bank, until further orders. JUDGE RRaut..