Bombay High CourtCAF/3403/2014dispossed offdismiss for default

Reliance General Insurance Co. Ltd. Thr. Its Branch Manager, Nagpur v. Smt. Tarannum Ara Wd/O Kazi Fasiuddin Gulzar And Others

2015-02-03Hon'Ble Shri Justice Z.A. Haq3 pages

1 fa476.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.476/2014 Reliance General Insurance Co. Ltd.

..Versus..

Smt. Tarannum Ara wd/o Kazi Fasiuddin Gulzar 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 D.N. Kukday, Adv. for the appellant.

Shri V.D. Awchat, Adv. for respondents 1 and 2. Shri S.R. Charpe, Adv. for respondents 4 to 6. CORAM : Z.A. HAQ, J.

DATE : 3.2.2015 Heard.

Admit.

Shri V.D. Awchat, the learned advocate, waives notice for the respondents 1 and 2.

Shri S.R. Charpe, the learned advocate, waives notice for the respondents 4 to 6.

The appellant shall file private paper book within 6 months,

2 fa476.14 failing which the appeal shall stand dismissed without reference to Court.

C.A.F. NO.3403/2014.

The application filed by the respondents 1 and 2 seeking permission to withdraw the amount has been disposed of by the order passed by this Court on 11 th December, 2014. No orders are required on this application.

The learned advocates for the respective parties point out that due to typographical error in the order passed on 11 th December, 2014, it is shown that order is passed on Civil Application No.3301/2014 but it has to be treated that the order is passed on Civil Application No.3403/2014. The statement made by the learned advocates is proper and is accepted.

C.A.F. NO.3301/2014.

This is an application filed by the respondents 4 to 6 seeking permission to withdraw the amount granted to them by the Tribunal.

3 fa476.14 Considering the findings recorded by the Tribunal in paragraph no.20 of the impugned award, the respondents 4 to 6 are permitted to withdraw the amount equivalent to their shares as granted by the Tribunal by the impugned award. The Registrar (J.) shall disburse the amount to the respondents 4 to 6 as per the impugned award. The balance amount shall be kept in a fixed deposit account in any nationalized bank initially for a period of three years to be renewed every year till the decision of the appeal. The civil application is disposed of in the above terms.

JUDGE Tambaskar.