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Bombay High CourtCAO/63/2020admittedallwdgrantedrule absolute

Reliance General Insurance Co. Ltd., Chandrapur Branch, Thr. Its Executive Legal, Nagpur v. Ranjana Wd/O Hanuman Khirale And Others

2020-01-13Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 caf2417.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2417 OF 2019 IN FIRST APPEAL STAMP NO.7303 OF 2019 (Reliance General Insurance Co.Ltd, through its Executive Legal, Nagpur ..vs.. Ranjana wd/o Hanuman Khirale 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, Counsel for the appellant, Shri A.A. Dhawas, Counsel for respondent Nos.1 to 5, Shri Belekar, Counsel h/f. Shri Shyam Dewani, Counsel for respondent No.6.

CORAM : M.G. GIRATKAR , J .

DATED : 13-01 -20 Heard Shri D.N. Kukday, learned Counsel for the appellant, Shri A.A. Dhawas, learned Counsel for respondent Nos.1 to 5 and Shri Belekar, learned Counsel holding for Shri Shyam Dewani, learned Counsel for respondent No.6.

2.

The delay is of 86 days caused due to administrative difficulty. The amount of compensation is already deposited before this Court. Looking to the grounds, the application is allowed. The delay is condoned. The appeal be registered.

First Appeal Stamp No.7303/2019 Heard.

2.

Admit.

2 caf2417.19 3.

Issue notice to the respondents.

4.

Shri A.A. Dhawas, learned Counsel waives notice for respondent Nos.1 to 5.

5.

Shri Belekar, learned Counsel holding for Shri Shyam Dewani, learned Counsel waives notice for respondent No.6.

6.

Call record and proceedings.

Civil Application (CAO) No.63/2020 Heard Shri A.A. Dhawas, learned Counsel for respondent Nos.1 to 5. He has submitted that respondent Nos.1 to 5 have not received any amount of compensation, therefore, permit respondent Nos.1 to 5 to withdraw the amount deposited by the appellant before this Court.

2.

The appellant has deposited amount of compensation Rs.83,33,909/-. Respondent Nos.1 to 5 are permitted to withdraw 50% amount of compensation after furnishing undertaking for the satisfaction of the Registrar (Judicial).

JUDGE adgokar