Bombay High CourtCAF/3110/2018admittedallwdgrantedrule absolute

Future General Insurance Co. Ltd., Thr. Authorized Signatory, Mumbai v. Maltabai Wd/O Hiralal Mane And Others

2019-01-23Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2301caf3110.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3110/2018 IN FIRST APPEAL ST. NO.14309/2018 Future General India Insurance Co. Ltd. Through its Authorized Signatory, Mumbai - 400013 ...Versus...

Maltabai wd/o Hiralal Mane and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.N. Verma, Counsel for applicant Shri A.S. Deshpande, Counsel for respondent nos.1 to 5 Shri A.P. Tathod, Counsel for respondent no.7 CORAM : ARUN D. UPADHYE, J.

DATE : 23/01/2019 Heard.

Perused the contents of the application.

There is a delay of 02 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed. No order as to costs. FIRST APPEAL ST. NO.14309/2018 Heard.

ADMIT.

Call for record and proceedings.

2301caf3110.18.odt Learned Counsel Shri A.S. Deshpande, waives service of notice for the respondent nos.1 to 5 and learned Counsel Shri A.P. Tathod waives service of notice for the respondent no.7.

CIVIL APPLICATION (CAF) NO.3111/2018 Heard.

The learned counsel for the applicant submitted that the entire decretal amount is deposited in this Court. In view of the statement made on behalf of the applicant, the impugned judgment and award dated 3/3/2018 passed by the Member, Motor Accident Claims Tribunal, Darwha in Claim Petition No.27/2015 is hereby stayed, till disposal of the appeal.

The civil application is disposed of accordingly. No order as to costs.

CIVIL APPLICATION (CAO) NO.82/2019 To be considered at the time of final hearing of the first appeal.

JUDGE Wadkar, P.S.