Smt. Laxmi Ramesh Shirale And Ors vs The Manager, The Oriental ...
2021 Latest Caselaw 8218 Bom

Megha                                        33_IA_1242_2021.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO.1242 OF 2021
                                        IN
                          REJECTED CASE NO.2137 OF 2016
                                      WITH
                        CIVIL APPLICATION NO.3289 OF 2019
                                        IN
                      FIRST APPEAL (STAMP) NO.32961 OF 2014

Laxmi Ramesh Shirale & Ors.                              ...Applicants
                      Versus
Oriental Insurance Co. Ltd.                             ...Respondent
                                  ....
Smt. Varsha Chavan for the Applicants.
Smt. Rupam Ghosh for the Respondent.

                                        CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 21st JUNE, 2021.

P.C.:-

INTERIM APPLICATION NO.1242 OF 2021:-

The Applicants herein, who are the original claimants have

filed this application for withdrawal of compensation deposited boyo the

Appellant-Insurance Companyo in terms of judgment and award dated

20/12/2012 in Application No.215 OF 2004.

2. Having considered the grounds raised in appeal memo as

well as reasons stated in Application for withdrawal, the Applicant No.1

is permitted to withdraw an amount of Rs.2,00,000/- with proportionate

Megha 33_IA_1242_2021.doc

interest accrued thereon. Applicant Nos.3 and 4 are permitted to

withdrawn an amount of Rs.1,00,000/- each with proportionate interest

accrued thereon. Applicant No.2 is a minor. Hence, I am not inclined to

allow withdrawal of an amount on his boehalf at this stage. The

Applicants shall give an undertaking to refund the amount with interest

in the event the Appellant succeeds in the appeal.

3. The application stands disposed of.

CIVIL APPLICATION NO.3289 OF 2019:-

4. Not on booard. Taken on booard.

5. The Applicant-Insurance Companyo has sought to condone

delayo and restore the appeal to file, which was dismissed for non-

compliance of conditional order dated 30/07/2015. Learned counsel for

the Applicant-Insurance Companyo makes a statement that the Applicant

has removed all ofce obojections. She states that in the event some of

the ofce obojections are not yoet removed, the same shall boe removed

within a period of two weeks. Statement is accepted.

6. In the light of the said statement and in view of the reasons

stated in the application, delayo is condoned. The appeal is restored to

file.

Megha 33_IA_1242_2021.doc

7. The application stands disposed of.

FIRST APPEAL (STAMP) NO.32961 OF 2014:-

8. Issue notice to Respondents, returnabole on 12/07/2021.

Private service is permitted. Smt. Varsha Chavan, learned counsel

waives service on boehalf of Respondent Nos.1 to 4.

(SMT. ANUJA PRABHUDESSAI, J.)