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Bombay High CourtCAF/1608/2015disposed off

Royal Sundaram Alliance Insurance Co. Ltd. v. Gokarna Wife Of Tatasaheb @ Bhausaheb And Other

2015-04-28Hon'Ble Shri Justice K.K. Tated2 pages

pr22 caa1608-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1608 OF 2015 IN FIRST APPEAL (ST) NO.18867 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Abhijit P. Kulkarni for the applicant

CORAM

: K.K.TATED, J.

DATED : 28/04/2015 PC:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

The learned counsel for the applicant submits that this court by order dt.9.3.2014 directed applicant to deposit entire awarded amount in the Tribunal within four weeks. He submits that said order was communicated to the Insurance Company immediately. He submits that Insurance Company by mistake forwarded cheque of Rs.11,06,860 dated 7.4.2015 in the name of Registrar, Appellate Side, High Court, Mumbai. He submits that because of mistake, there is a delay in complying the order dated 9.3.2015.

The learned counsel for the applicant submits Mohite 1/2

pr22 caa1608-15.doc that this Hon'ble Court be pleased to allow the applicant to deposit awarded amount in the Registry of this court by modifying the order dated 9.3.2015.

Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant has made out a case for modification of earlier order dated 9.3.2015. Hence, following order:

a Applicant is permitted to deposit entire awarded amount with interest in the Registry of this court.

b Matter is restored to file.

c Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2