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Bombay High CourtIA/1156/2020disposed off

The New India Assurance Co.Ltd. Through Its Branch Manager, v. Smt. Vandana Ashok Dhanawade And ORS.

2022-06-24Hon'Ble Smt. Justice Anuja Prabhudessai4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.525 OF 2021 WITH INTERIM APPLICATION NO.3549 OF 2021 Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.06.29 11:40:03 +0530 SHAMBHAVI NILESH SHIVGAN WITH INTERIM APPLICATION NO.1156 OF 2020 The New India Assurance Co.

Ltd.

THR. Its Branch Manager ...Appellant

Versus

Smt. Vandana A. Dhanawade and Ors.

...Respondents

.....

Mr. Rajesh Kanojia i/by Res Juris for the Appellant. Mr. Bhavesh Magam with Mr. Vikrant A. Desai i/by Kedar P. Lad for Respondent Nos.1 to 3.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 24th JUNE, 2022.

P.C.:- INTERIM APPLICATION NO. 1156 OF 2020 1.

The learned counsel for the applicant states that the entire amount of compensation along with interest as per the judgment has been deposited before the Claims Tribunal, Kolhapur. In the light of the said statement, execution and implementation of the judgment and award is stayed pending hearing of the appeal.

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2.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) INTERIM APPLICATION NO.3549 OF 2021 (WITHDRAWAL OF AMOUNT) 1.

By this application, applicants, who are the original claimants, have sought withdrawal of the compensation deposited by the appellant-Insurance Company. 2.

In view of the reasons stated in the application and the grounds raised in the appeal memo, applicants are permitted to withdraw 50% of the compensation subject to Undertaking that they shall refund the amount with interest in the event, appellant succeeds in the appeal. 3.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.525 OF 2021 The New India Assurance Co.

Ltd.

THR. Its Branch Manager ...Appellant

Versus

Smt. Vandana A. Dhanawade and Ors.

...Respondents

.....

Mr. Rajesh Kanojia i/by Res Juris for the Appellant. Mr. Bhavesh Magam with Mr. Vikrant A. Desai i/by Kedar P. Lad for Respondent Nos.1 to 3.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 24th JUNE, 2022.

P.C.:- Heard.

Admit.

3.

Call records and proceedings.

4.

Mr. Bhavesh Magam waives notice on behalf of respondent nos.1 to 3.

5.

The learned counsel for the appellant states that no statutory defence has been raised. Hence, notice to respondent nos.4 and 5 is dispensed with.

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6.

Paper-book to be filed within six months.

(SMT. ANUJA PRABHUDESSAI, J.) 4/4