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Bombay High CourtCAO/83/2019admittedallwdgrantedrule absolute

Reliance General Insurance Co. Ltd, Through Its Branch Manager, Nagpur v. Zarina Begum Wd/O Abdul Aziz Sheikh And Others

2019-02-27Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

912caf1919.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1919/2018 IN FIRST APPEAL STAMP NO. 10928/2018 Reliance General Insurance Company Ltd., through its Branch Manager. V/s Zarina Begum wd/o Abdul Aziz Sheikh and others. --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri H.N. Verma, counsel for the appellant.

Shri V.D. Muley,counsel for the respondent Nos. 1 to 6. CORAM: ARUN D. UPADHYE , J.

DATE: 27-02-2019.

Heard learned counsel for the appellant.

Perused the application. There is delay of 202 days in filing First Appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed. FIRST APPEAL STAMP NO. 10928/2018 Issue notice to the respondents for final disposal, returnable on 27/03/2019.

Call for record and proceedings.

Shri V.D. Muley, learned counsel waives notice for the respondent Nos. 1 to 6.

The respondent Nos. 7 and 8 are served by paper publication, and therefore, need not be served on merits.

912caf1919.18.odt 2 CIVIL APPLICATION (CAO) NO. 83/2019 Heard learned counsel for the applicants/ respondents.

Perused the application as well as impugned judgment. The applicant/respondent Nos. 1 to 6 could be permitted to withdraw 50% of the amount deposited by the appellant, on furnishing usual undertaking that in case appeal is allowed, they shall refund the amount with interest, to the appellant.

The applicants/respondent Nos. 1 to 6 are permitted to furnish usual undertaking within four weeks. The civil application is allowed and disposed of. JUDGE rkn