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Bombay High CourtCAO/1996/2019dismissedrule discharged

Shriram General Insurance Co. Ltd., Jaipur Branch Office, Nagpur Thr. Legal Officer v. Namdeorao Damaji Raut And Others

2019-10-22Hon'Ble Shri Justice Manish Pitale3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) No.2375 OF 2019 IN FIRST APPEAL (St.) No. 52 OF 2019 Shriram General Insurance Co.Ltd.

vs.

Namdeorao Damaji Raut and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. Hitesh N. Verma, counsel for applicant. Srhi. Vivek Awchat, counsel for respondents No.1 to 4 CORAM : MANISH PITALE J DATED : 22.10.2019 This is an application for condonation of delay filed on behalf of the insurance company. Although the prayer for condonation of delay is opposed, for the reasons stated in the application, the same is allowed and delay is condoned.

First Appeal No. /2019.

Heard learned counsel for the appellant.

3.

Issue notice for final disposal returnable in six weeks.

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Mr.Awchat, learned counsel waives notice on behalf of respondents No.1 to 4.

CIVIL APPLICATION (F) No. 3970 OF 2019 This is an application filed on behalf of the appellant insurance company seeking stay of the impugned judgment and order passed by the Tribunal.

This application is disposed of with a direction to the appellant insurance company to deposit the entire decretal amount as directed by the Tribunal in this Court within a period of six weeks from today. Subject to such deposit of amount within the said period of time, there shall be interim stay to the effect and operation of the impugned judgment and order passed by the Tribunal.

It is made clear that if the appellant insurance company failed to deposit the amount in the aforesaid period of time, the interim order shall not operate.

3.

Application is disposed of.

CIVIL APPLICATION (O) No. 1996 OF 2019 This is an application filed on behalf of respondents No.1 to 4 for dismissal of first appeal

3 / 3 caf2375.19 on the ground that amount was not deposited by the appellant insurance company. But perusal of the order dated 25.06.2019 shows that no such specific direction was granted, therefore, this application is dismissed.

Call for R & P.

JUDGE KOLHE