United India Insurance Co. Ltd., Nagpur, Thr. Its Regional Manager v. Kalpana Dipak Durke And Others

2024:BHC-NAG:8249 1 15-CAF-2015-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2015 OF 2024 IN FIRST APPEAL ST. NO. 488 OF 2024 UNITED INDIA INSURANCE CO. LTD.

Vrs.

KALPANA DIPAK DUKRE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri C. A. Anthony, Advocate for appellant.

Shri A. A. Zade, Advocate for respondent Nos.1 to 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 31/07/2024.

1.

This is an application for grant of permission to withdraw amount of Rs.74,44,904/- along with interest deposited by the appellant in this Court under award. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the submissions of both sides, it would be proper to allow the application partly. 5.

The respondent Nos.1 to 3 are entitled to withdraw 50% amount on usual undertaking and 25% amount on furnishing solvent surety.

6.

Registry is directed to pay the said amount accordingly to the respondent Nos.1 to 3/claimants. 7.

The application is disposed of.

CIVIL APPLICATION (CAF) NO. 444 OF 2024 8.

Issue notice to the respondents.

2 15-CAF-2015-24.odt 9.

Shri A.A. Zade, learned advocate waives service of notice for respondent Nos.1 to 3.

10.

This is an application for condonation of delay of 62 days caused for preferring the appeal. 11.

Perused the application.

12.

Heard learned Advocates for both sides.

13.

For the reasons stated in the application, the application deserves to be allowed, in the interest of justice.

14.

Application is allowed and disposed of.

FIRST APPEAL ST. NO. 488 OF 2024 15.

Issue notice to the respondents.

16.

Shri A.A. Zade, learned advocate waives service of notice for respondent Nos.1 to 3.

17.

Call for Record and Proceedings.

18.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 01/08/2024 18:04:27