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Bombay High CourtCAF/2098/2024ca disposed off

I.C.I.C.I. Lombard General Insurance Com.Ltd. Amravati Thr. Its Branch Manager v. Indubai Ramesh Balpande And 8 Others

2024-08-09Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.2098 OF 2024 IN FIRST APPEAL No.954 OF 2015 (ICICI Lombard General Insurance Company Limited, through its Branch Manager, Nagpur Vs. Indubai Ramesh Balpande and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.D. Bhuibhar, Advocate for appellant.

Mr. M.R. Joharapurkar, Advocate for respondent Nos.1 to 4. Mr. D.N. Kukday, Advocate for respondent No.7. Mr. P.R. Agrawal, Advocate for respondent Nos.8 and 9. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 9 th AUGUST, 2024.

1.

This is an application for permission to withdraw the amount of compensation which is deposited in this Court.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the facts and circumstances and the amount already deposited in this Court, the application deserves to be allowed.

5.

The application is allowed.

6.

The applicants-respondent Nos.1 to 4 are entitled for amount of Rs.8,78,334/- and, therefore, they are permitted to withdraw the same.

7.

The registry is directed to pay that amount with accrued interest thereon to the respondent Nos.1 to 4

fa954.15.odt 2/2 on furnishing usual undertaking.

8.

Application is disposed of.

CIVIL APPLICATION (CAF) No.2099 OF 2024.

1.

This is an application for grant of early hearing of the appeal.

2.

For the reasons stated in the application, the application is allowed in the interest of justice. 3.

The appeal be fixed for final hearing on 4th September, 2024.

4.

The application is disposed of.

FIRST APPEAL No.954 O F 20 15.

1.

Learned Advocate for the respondent Nos.1 to 4 pointed out that respondent Nos.2 and 3 were minors when appeal was filed. Now, they have become major.

2.

Learned Advocate Mr. M.R. Joharapurkar submits that he has filed vakalatnama on their behalf. 3.

The appellant is, therefore, directed to carry out amendment in the appeal memo accordingly within a week.

4.

Stand over to 4th September, 2024.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 12/08/2024 14:54:16