Reliance General Insurance Company Ltd., Thr. Divisional Manager, Nagpur v. Smt. Lata Wd/O Vikas Waghmare And Others

1 caf348.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.348/2018 IN FIRST APPEAL ST. NO.25895/2017 [Reliance General Insurance Company Limited .vs. Smt. Lata wd/o Vikas Waghmare 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, Advocate for appellant, Shri A.V. Bhide, Advocate for respondent nos.1 to 5. ..........

CORAM : MRS. SWAPNA JOSHI, J.

DATED : JULY 16 , 2018 .

Heard.

For the reasons mentioned in the application, application is allowed and the delay of 54 days in filing of appeal is hereby condoned. Civil Application [O] No.1132/2018 This is an application for withdrawal of the amount deposited by the appellant as per order dated 30.01.2018.

Heard Shri Bhide, the learned counsel for respondent nos.1 to 5claimants and Shri Verma, the learned counsel for the appellant. Learned counsel for the appellant opposed the said application, however, I am inclined to allow the application on certain conditions. Having considered the grounds of appeal and the impugned judgment passed by the tribunal, I am of the view that the amount deposited in this court can be allowed to be withdrawn conditionally to the extent of 75% of the amount deposited in this court. The permission is granted to respondent nos.1 to 5 to withdraw the amount deposited in this court subject to the condition that the said amount be withdrawn by the respondents on furnishing an usual undertaking to the effect that in the event of adverse order if passed against them, they shall refund the amount within four weeks from the

2 caf348.18.odt date of the order and the remaining 25% of the amount be deposited in nationalized bank.

The civil application stands allowed and disposed of with no order as to costs.

First Appeal St. No.25895/2017 Heard.

Issue notice of final disposal to the respondents made returnable after four weeks.

Shri Bhide, learned counsel waives notice on behalf of respondent nos.1 to 5.

Call R & P.

JUDGE Gulande