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Bombay High CourtCAF/3528/2018disposedoff

I.C.I.C.I. Lombard Gen. Insurance Co. Ltd., Nagpur Thr. Its Legal Manager v. Smt. Annapurna Wd/O Ramkrushna Lende And Others

2019-06-11Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

caf 3528.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 71 OF 2019 in CIVIL APPLICATION (CAF) NO. 3528 OF 2018 in FIRST APPEAL (ST.) NO. 18309 OF 2018 (ICICI Lombard General Insurance Company Ltd. Vs. Smt. Annapurna wd/o Ramkrushna Lende and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri R. D. Bhuibhar, Advocate for the applicant/appellant Shri Vivek Awchat, Advocate for the respondent nos. 1 to 4 CORAM : M. G. GIRATKAR, J.

DATE : 11/06/2019 Heard learned Advocate Shri Awchat for the applicants/respondent nos. 1 to 4. Amount of compensation of Rs.8,71,145/- is deposited before this Court.

The applicants/respondent nos. 1 to 4 are permitted to withdraw 50% amount of compensation upon furnishing usual undertaking before this Court. CIVIL APPLICATION (CAF) NO. 3528 OF 2018 Heard learned Advocate Shri Bhuibhar for the applicant/appellant.

Learned Advocate Shri Awchat for respondent nos. 1 to 4 strongly objected the application.

caf 3528.2018.odt Delay is of only two days and the same is caused for want of material information. Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered. FIRST APPEAL (ST.) NO. 18309 OF 2018 Heard.

Issue notice to the respondents.

Shri Awchat, learned Counsel waives notice on behalf of respondent nos. 1 to 4.

Learned Counsel Shri Bhuibhar has submitted that respondent no. 5 is dead. His legal heirs are to be brought on record and, therefore, he seeks time to file application to bring legal heirs of respondent no. 5 on record. Put up this matter for service of notice after four weeks.

JUDGE SMGate