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Bombay High CourtCAF/3277/2024ca disposed off

New India Assurance Company Ltd. Thr. Branch Manager, West High Court, Nagpur v. Indraj S/O Shalikram Dhurve And Others

2024-12-10Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

14.caf.1716.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1716 OF 2024 IN FIRST APPEAL ST. NO.7213 OF 2024 New India Assurance Company Ltd., through Branch Manager, Nagpur .Vs. Indraj S/o Shalikram Dhurve and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.C. Anthony, Advocate for appellant.

Ms U.A. Bhattad, Advocate for respondent Nos.1 and 2. CORAM : SANJAY A. DESHMUKH, J.

DATED : 10/12/2024 1.

This is an application for condonation of delay of 33 days caused for preferring appeal.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. The application is allowed. Delay of 33 days is condoned. 5.

Application is disposed.

CIVIL APPLICATION (CAF) NO.3277 OF 2024 1.

This is an application for withdrawal of amount.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

The learned advocate for the appellant strongly objected the application.

14.caf.1716.24.odt 5.

Considering peculiar set of facts, the application deserves to be allowed. The application is partly allowed. The claimants/respondent Nos.1 and 2 are entitled for 50% amount. Registry is directed to pay 50% amount along with accrued interest thereon to the claimants. 6.

Application is allowed and disposed.

FIRST APPEAL ST. NO.7213 OF 2024 1.

Stand over after five weeks.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate