Branch Manager, National ... vs Shyamrao S/O Gopalji Khandate And ...
2022 Latest Caselaw 13009 Bom

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

                            First Appeal No.1420/2019
          The Branch Manager, National Ins. Co. Ltd V Shyamrao and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                     Court's or Judge's Orders
or directions and Registrar's orders.
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                Mr. V.P. Maldhure, Adv. for appellant.
                Mrs. Ashwini Athalye, Adv. for resp. no.5.
                Mr. Lubesh Meshram, Adv. for resp. nos. 3 and 4.
                Mrs. U.A. Bhattad, Adv. for resp. nos. 1 and 2.

                                         CORAM : AVINASH G GHAROTE, J.

DATE : 14-12-2022

CAF No.1822/19 seeks stay of the impugned judgment. The office note dated 05-07-2019 indicates the deposit of the entire compensation, considering which, the application is allowed.

2. CAF No.1184/21 seeks condonation of delay and CAF No.1185/21 seeks permission to withdraw the amount as already permitted so done by an order dated 07-10-2019, on the ground that there was delay in compliance of the formalities, therefore, the amount could not be withdrawn.

3. The respondent no.1 is reported to be dead. The respondent no.2 is stated to be his only legal heir, accepting which statement made on instructions, the delay is condoned. Amount is permitted to be

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withdrawn by respondent no.2 on usual undertaking being furnished to the satisfaction of the Registrar (J) of this Court.

JUDGE

Deshmukh