Shriram General Insurance Co. Ltd., ... vs Kalavatibai @ Kavita Devrao Rathod And ...
2024 Latest Caselaw 930 Bom

Bombay High Court

Shriram General Insurance Co. Ltd., ... vs Kalavatibai @ Kavita Devrao Rathod And ... on 15 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

                                                  -1-                         31.CAF.98.2021.odt



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

                  CIVIL APPLICATION (CAF) NO. 98 OF 2021
                                    IN
                     FIRST APPEAL ST. NO. 1630 OF 2020
                             Shriram General Insurance Co. Ltd.
                                             Vs.
                         Kalavatibai @ Kavita Devrao Rathod & Ors.
**********************************************************************************************
Office Notes, Office Memoranda of Coram,                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
**********************************************************************************************
                       Mr. H.N. Verma, Advocate for the Applicant/Appellant.
                       Ms. Aarti Singh, Advocate for Respondent Nos.1 & 2.


                                  CORAM : G. A. SANAP, J.

DATED : 15th JANUARY, 2024.

This is an application for condonation of 142 days delay caused in filing the appeal against the impugned judgment and award dated 20.04.2019.

2. Heard learned advocate for the applicant/appellant and learned advocate for respondent Nos.1 and 2. Respondent Nos.3 and 4 though served have failed to appear before this Court.

3. The reasons have been stated in the application for delay. The delay has been properly explained.

4. In view of the reasons stated in the application, the application is allowed. Delay of 142 days caused in filing the appeal is condoned.

5. The appeal be registered.

6. The application stands disposed of, accordingly.

-2- 31.CAF.98.2021.odt

FIRST APPEAL ST. NO. 1630 OF 2020

7. Heard.

8. Admit.

9. Learned advocate Ms. Aarti Singh waives service of notice on behalf of respondent Nos.1 and 2.

10. Notice to respondent Nos.3 and 4 is dispensed with because they have already been served by paper publication.

11. Call for record and proceedings.

12. Copies of depositions and relevant documents be filed.

13. Stand over after four weeks.

CIVIL APPLICATION (CAF) NO. 2547 OF 2023

14. Heard.

15. This is an application made by respondent Nos.1 and 2 for withdrawal of the amount of compensation with accrued interest deposited in this Court.

16. In view of the facts stated in the application, the application is allowed. Respondent Nos.1 and 2 are allowed to withdraw 75% of the amount of compensation with accrued interest on furnishing usual undertaking.

17. The application stands disposed of, accordingly.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 17/01/2024 10:41:30