Reliance General Insurance Co. Ltd. Office, Nagpur, Thr. Authorized Officer, Mumbai v. Shri. Ashok S/O Durgaprasad Pandey And Others

2024:BHC-NAG:8747 12=CAF 3363-23 in FAst 21437-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3363 OF 2023 IN FIRST APPEAL (ST.) NO. 21437 OF 2023 RELIANCE GENERAL INSURANCE CO. LTD. OFFICE, NAGPUR, THR. AUTHORIZED OFFICER, MUMBAI -Vs. - SHRI. ASHOK S/O. DURGAPRASAD PANDEY 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 D.N.Kukday, Advocate for appellant.

Shri N.M.Jibhakate, Advocate for respondent nos. 1 and 2. CORAM : SANJAY A. DESHMUKH , J.

DATED : 07/08/ This is an application for condonation of delay of 181 days caused in preferring the appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed. Delay of 181 days caused in preferring the appeal is hereby condoned. 5.

The appeal be registered.

6.

Accordingly, the application stands disposed of. CIVIL APPLICATION (CAF) NO. 2091 OF 2024 This is an application for withdrawal of amount under the award passed by learned MACT, Nagpur.

12=CAF 3363-23 in FAst 21437-23.odt 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

For the reasons stated in the application, the application deserves to be partly allowed in the interest of justice. As such, the application is partly allowed. 5.

The applicants/claimants are entitled for withdrawal of 50% amount along with interest accrued thereon. 6.

Registry is directed to pay the said 50% amount equally to the applicants/claimants on furnishing usual undertaking.

7.

Accordingly, the application stands disposed of. CIVIL APPLICATION (CAF) NO. 3364 OF 2023 The present application is filed for grant of stay to the execution of impugned judgment and award. 2.

The amount under award is deposited in this Court, therefore, there is no question of execution of impugned judgment and award.

3.

The application for stay to the execution proceedings, therefore, becomes infructuous. Hence, the present application stands disposed of as infructuous. (SANJAY A. DESHMUKH, J.) B.T. Khapekar