The New India Assurance Co. Ltd. Thr. The Divsnl Manager v. Mr. Bhagwan S/O Domaji Bhande And ANR

1/2 32.caf.912.2025 in fa.308.2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 912 OF 2025 IN FIRST APPEAL NO. 308 OF 2012 (D) (New India Assurance Company Ltd. V/s Bhagwan Domaji Bhande & Anr.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Appellant.

Mr. R. S. Charpe, Advocate for Respondent No.1. Ms. R. Mankar, Advocate h/f Mr. P. S. Mirache, Advocate for Respondent No.2.

--------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : SEPTEMBER 15, 2025.

.

It is seen from the record that First Appeal is filed by the New India Assurance Company Ltd. against the Judgment and Award dated 4/12/2010 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 752/2005, however, the same is already dismissed for want of prosecution vide order dated 22/12/2015 passed by the Registrar (Judicial). 2.

It is seen from the record that since last ten years no steps have been taken by the Appellant/Company to restore the present Appeal. It is pointed out that Appellant/Company has deposited an amount of Rs.1,88,839/- with the Registry of this Court on 16/9/2011, out of which, an amount of Rs.50,000/- has been withdrawn by the Respondent No.1 on 9/7/2013.

2/2 32.caf.912.2025 in fa.308.2012.odt 3.

Presently, the Respondent No.1 has filed this Application seeking withdrawal of the balance amount lying with the Registry of this Court along with interest accrued thereon. 4.

In view of above facts and circumstances, there is no impediment to allow the present Application. Hence, Civil Application is allowed.

5.

The Registry of this Court is directed to permit the Respondent No.1 to withdraw the amount along with interest accrued thereon, subject to satisfaction of the Registrar (Judicial). [PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 17/09/2025 10:39:04