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Bombay High CourtCAF/3201/2014dispossed offdismiss for default

I.C.I.C.I. Lombard General Insurance Com. Ltd., Thr. Branch Manager, Nagpur v. Balkrishna S/O Shyamlal Kshirsagar And 5 Others

2015-01-27Hon'Ble Shri Justice Z.A. Haq2 pages

fa320.14 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO. 320 OF 2014 AND CIVIL APPLN. (F) NO.3201 OF 2014 I.C.I.C.I.Lombard General Insurance Co.Ltd.

-vsBalkrishna S/o Shyamlal Kshirsagar and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ CORAM : Z. A. HAQ, J.

DATE : 27.01.2015.

Heard Shri S.A.Dutonde, learned advocate holding for Shri R.D.Bhuibhar, advocate for the appellant and Shri P. A. Jibhkate, learned advocate for the respondent Nos.1 and 2. None appears for the other respondents. Admit.

Learned advocate Shri P.A.Jibhkate waives notice on behalf of respondent Nos.1 and 2.

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

CIVIL APPLN. (F) NO.3201 OF 2014 Shri Dutonde, learned advocate for the respondent Nos.1 and 2, submits that Rs.25,000/- was already deposited at the time of filing of the appeal and the balance amount shall be deposited till 06/02/2015. On the deposit of the amount, the respondent-claimant Nos.1 and 2 are permitted to withdraw the amount.

fa320.14 2/2 Considering the nature of defence raised by the appellant-Company, the dispute appears to be between the appellant-Company and the respondent No.6 i.e. Oriental Insurance Company regarding the liability to pay the amount of compensation. Therefore, the respondent-claimants Nos.1 and 2 are permitted to withdraw the amount.

Civil application is disposed of in the above terms.

JUDGE KHUNTE