Sadhana Devidas Gujrathi And Anr vs Oriental Insurance Co. Ltd. And ...
2021 Latest Caselaw 10443 Bom

                                                                           20-IA-14136-21.doc

BDP-SPS


  BHARAT


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  DASHARATH
  PANDIT


  Digitally signed




                                      CIVIL APPELLATE JURISDICTION
  by BHARAT
  DASHARATH
  PANDIT
  Date: 2021.08.07
  17:41:37 +0530




                                INTERIM APPLICATION (ST) NO.14136 OF 2021
                                                    IN
                                       FIRST APPEAL NO.1069 OF 2018

                     Sadhana Devidas Gujrathi & Anr.                     .... Applicants
                                 V/s
                     Oriental Insurance Co. Ltd. & Anr.                  ..... Respondents.

                     In the matter between

                     Oriental Insurance Co. Ltd.                          ..... Appellant.
                                 V/s
                     Sadhana Devidas Gujrathi and Anr.                    ..... Respondents.
                     ---
                     Mr. Sumit Khanna a/w Bhoomi Katira i/b Dewani & Associates for the
                     Applicants in IA.
                     Ms. Minal J. Chandnani for original Appellant in FA.
                     ----

                                       CORAM: NITIN W. SAMBRE, J.

                                        DATE:     AUGUST 05, 2021

                     P.C.:-

                     1]       Counsel for Insurance Company assures that within one week

entire balance amount of compensation shall be deposited in this Court.

Since the statement is made on instructions, same is accepted as

undertaking to this Court.

20-IA-14136-21.doc

2] In the aforesaid backdrop, once the amount is deposited as

undertaken hereinabove, Applicants will be entitled to withdraw the

same in the light of the judgment delivered by this Court dated 3 rd

February 2021 in First Appeal No. 1069 of 2018 in the matter of

Oriental Insurance Company Ltd. Vs. Sadhana Devidas Gujarathi and

Ors.

3] As far as prayer clause (b) of the Interim Application for

correction of the names is concerned, as it is in respect of identity of the

Applicants same is not objected to by the Counsel for the Insurance

Company. Accordingly application is also allowed in terms of prayer

clause (b)

4] Application is accordingly disposed of.

( NITIN W. SAMBRE, J. )