Bombay High Court
Iffco Tokio General Insurance Co. ... vs Rukhmina Wd/O Devidas Mohite And ... on 4 October, 2023
Bench: G. A. Sanap
2023:BHC-NAG:14599
-1- 21.CAF.686.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 686 OF 2020
IN
FIRST APPEAL ST. NO. 2489 OF 2020
IFFCO Tokio General Insurance Co. Ltd., Nagpur Vs. Rukhmina Wd/o. Devidas
Mohite & Ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. A.M. Kukday, Advocate for the Applicant/Appellant.
Mr. S.D. Chopde, Advocate for Respondent Nos.1 to 4.
Mr. A.R. Patil, Advocate for Respondent No.7.
CORAM : G. A. SANAP, J.
DATED : 4th OCTOBER, 2023.
Heard learned advocates for the parties.
2. Learned advocate Mr. Chopde for the main
contesting respondents has no objection to grant this
application.
3. The reasons have been stated in the application in
support of prayer for condonation of delay. The reasons, in my
view, are sufficient to accept the prayer.
4. Accordingly, the application is allowed. Delay of 107
days caused in filing the appeal against the impugned judgment
and award dated 24th June, 2019, is condoned. The appeal be
registered.
5. The application stands disposed of, accordingly.
FIRST APPEAL ST. NO. 2489 OF 2020
6. Heard.
7. Admit.
8. Learned advocate Mr. Chopde waives service on
behalf of respondent Nos.1 to 4.
-2- 21.CAF.686.2020.odt
9. Learned advocate Mr. Patil waives service on behalf
of respondent No.7.
10. Respondent No.5 is dead.
11. Learned advocate for the appellant submits that the
legal heir of deceased respondent No.5 is on record. He
undertakes to make necessary application for deletion of name
of deceased respondent No.5.
12. Notice to respondent No.6 returnable within six
weeks.
13. Call for record and proceedings.
14. Paper-book be filed within ten weeks from the date
of receipt of record and proceedings.
15. If the paper-book is not filed within ten weeks from
the date of receipt of record and proceedings, then the appeal
shall stand dismissed without further reference to the Court.
CIVIL APPLICATION (CAF) NO. 2274 OF 2023
16. Heard learned advocates for the parties. Perused the
application.
17. The amount of compensation has been deposited.
18. In view of the reasons stated in the application, the
application is allowed. Respondent Nos.1 to 4 are allowed to
withdraw 75% amount on furnishing usual undertaking and
25% amount on furnishing solvent surety/security.
19. The application stands disposed of, accordingly.
(G. A. SANAP, J.)
Vijay
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 06/10/2023 19:01:59
