New India Assurance Comp.Ltd. v. Shama Afroz Wd/O.Abdul Salim And 9 ORS.

1caf80.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 80 OF 2019 IN FIRST APPEAL NO. 514 OF 2007 (DECIDED) New India Assurance Company Ltd. Tq. & Dist. Amravati V/s Shama Afroz wd/o Abdul Salim 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 P.R. Agrawal, counsel for the respondent Nos. 1 to 4. CORAM: ARUN D. UPADHYE, J.

DATE: 29-03-2019.

Heard learned counsel for the respondent Nos. 1 to 4. This is an application for withdrawal of the amount by the claimants.

Perused the application as well as impugned judgment and award. This appeal is filed by the appellant and dismissed by order dated 7.4.2017 for non-compliance of the order dated 11.03.2016.

The counsel for the appellant is not present. It appears that respondent No.4 is minor, therefore her share cannot be permitted to be withdrawn. At the most, respondent Nos. 1 to 3 are entitled to withdraw their share from the amount deposited by the appellant in this Court. The respondent Nos. 1 to 3 are permitted to withdraw 1/4th share each with accrued interest

1caf80.19.odt on filing usual undertaking to the effect that, they will refund the amount in case appeal is restored and allowed. Remaining amount of 1/4th share with accrued interest kept in fixed deposit till the respondent No.4 attain majority.

Civil application is allowed.

JUDGE rkn