Bombay High Court
Reliance General Insurance Co. ... vs Umashankar Sahebdin Asoriya And 2 ... on 27 August, 2021
Bench: Pushpa V. Ganediwala
1 12 caf975.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (F) NO.975 OF 2018 IN
FIRST APPEAL STAMP NO. 21780 OF 2015
Reliance General Insurance Co. Ltd.
Vs.
Umashankar Sahebdin Asoriya and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri D.N. Kukday, Advocate for appellant.
Mrs. Saboo, Advocate h/f Shri N.R. Saboo, Advocate for respondent no.1.
CORAM : PUSHPA V. GANEDIWALA, J.
DATE : 27th AUGUST, 2021.
Shri Kukday, learned counsel for appellant makes
a statement that entire decretal amount with interest has
been deposited with the Registry of this Court.
2. In view of above, ad interim stay operating
against impugned judgment and order is made absolute,
during pendency of the appeal.
3. The application stands disposed of.
CIVIL APPLICATION NOS.434 & 435 OF 2019
4. Heard.
5. Perused the applications.
2 12 caf975.18.odt
6. By of these applications, the appellant-Insurance
Company is seeking condonation of delay of 189 days in
filing the application for setting aside abatment and bringing
legal representatives of respondent no.1 on record.
7. Considering the reasons stated in the
applications, the applications are allowed. Delay of 189 days
caused in filing the application for setting aside abatment
and bringing legal representatives of respondent no.1 on
record is condoned. Abatment order against respondent
no.1 is set aside.
8. Appellant to bring legal representatives of
respondent no.1 on record. Necessary amendment be
carried out within a period of two weeks.
9. The applications stand disposed of.
CIVIL APPLICATION NO.1675 OF 2021
10. Heard.
11. By this application, legal representatives of
original respondent no.1 are seeking permission to withdraw
the decretal amount with interest accrued thereon.
12. It is stated that the appellant has deposited
Rs.13,64,541/- vide CCDR No.4336 dated 11.12.2017.
3 12 caf975.18.odt
13. I have perused the impugned judgment and also
the application.
14. It is stated that claimant filed a execution
proceeding for recovery of decretal amount against the
appellant and the Executing Court issued warrant of
attachment against the appellant. It is further stated that on
15.11.2017 the office of the appellant through its Legal
Claims Manager agreed to deposit Rs.14,00,000/- as per
mutual settlement which include decretal amount. It is
further stated that appellant without disclosing this fact of
settlement, pressed an application for restoration of the
appeal which was dismissed in default.
15. Considering the aforesaid submission and
considering the date of accident which occurred on
03.08.2010, the claimant, who was seriously injured in the
accident and during the pendency of the claim petition the
injured has expired, the applicants are permitted to
withdraw Rs.11,00,000/- from the aforesaid amount on
furnishing usual undertaking before the Registrar (Judicial)
of this Court.
16. Registry is directed to transfer the aforesaid
amount in favour of respondent no.1/claimant within two
weeks from the date of account details are furnished.
17. The application stands disposed of.
JUDGE
Wagh
