National Insu. Co Ltd vs Maheshkumar Satyanarayan ...
2021 Latest Caselaw 15454 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                    CIVIL APPLICATION (CAF) NO. 1963 OF 2021
                                       IN
                       FIRST APPEAL NO. 1362 OF 2008 (D)
               ( National Insurance Company Ltd; M.I.D.C, Nagpur.
                                       Vs.
                 Maheshkumar S/o Satyanarayan Agrawal & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Ms. Archana Lanjewar, Advocate h/f Mr. M.R. Joharapurkar, Advocate for
                                  the Respondent No.4.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 27th OCTOBER, 2021.

The application is for grant of permission to withdraw the mandatory deposit of Rs.25,000/- made by the appellant/Insurance Company in this Court. The appeal has been dismissed on 23.06.2017 for non-compliance of the order dated 08.01.2016 and 31.03.2017, which related to filing of private paper-book and deposit of cost. There is no application for restoration. The Tribunal had partly allowed the Claim Petition by its judgment dated 20.04.2007, in pursuance to which, an amount of Rs.14,07,395/- came to be deposited in this Court by the appellant vide CCDR No.1453 dated 16.02.2009, prior to which the appellant had also deposited an amount of Rs.25,000/- vide CCDR No.3970 dated 07.01.2008.

2 39.CAF.1963-21 IN FA.1362-08.odt

2. By an order dated 12.07.2021, the amount of Rs.14,07,395/- has been permitted to be withdrawn by the claimant and by the present application amount of Rs.25,000/- deposited on 07.01.2008, as indicated above, is sought to be withdrawn. Considering that the appeal has since been dismissed, and the amount of Rs.25,000/- as deposited in this Court on 07.01.2008 is separate and distinct from the amount of Rs.14,07,395/-, to which the original claimant is entitled, the application is allowed. The said amount alongwith interest accrued thereupon to be paid over to the original claimant.

JUDGE SD. Bhimte