Icici Lombard General Insur. Co. Ltd., Through Branch Manager, Nagpur v. Sujata Wd/O Prakash Patra And Others

1 caf 3408.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 3408 of 2023 in First Appeal No.

of 20 [ICICI Lombard General Insurance Co. Ltd. Through Branch Manager, Ramdaspeth Road, Nagpur ..vs.. Sujata Wd/o Prakash Patra and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. U. A. Bhattad, Advocate for the applicants/respondent nos. 1 to 5 Mr. R. D. Bhuibhar, Advocate for the appellant Ms. Rohini Mankar, Advocate h/f Mr. P. S. Mirache, Advocate for respondent no. 6 CORAM : ANIL L. PANSARE J .

DATED : 04-01 -202 By the present application, the applicants - claimants seek permission to withdraw the amount deposited by the appellant.

For the reasons set out in the application, the application is allowed.

The claimants are permitted to withdraw the amount in terms of the judgment passed by the Motor Accident Claims Tribunal, Nagpur. They are permitted to withdraw 50% of the amount on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct and further 50% of the amount is permitted to be withdrawn on furnishing a solvent surety to the satisfaction of the Registrar (Judicial).

The application is disposed of in above terms. First Appeal No. 1033 of 2023 Issue notice to the respondents.

2 caf 3408.2023.odt Learned counsel Mrs. U. A. Bhattad waives notice for the respondent nos. 1 to 5 and learned counsel Ms. Rohini Mankar waives notice for respondent no. 6. Learned counsel for the appellant to supply copy of appeal memo to the learned counsel for the respondents.

The parties are put to notice that appeal may be taken up for final hearing at the stage of admission. The parties are at liberty to file compilation of documents which they intend to rely upon.

Registry to process the appeal as per the rules. In the meantime, call R & P.

(Anil L. Pansare, J.) wasnik