Allowed

National Insurance Co. Ltd., Nagpur, Thr. Divisional Office, Durgasadan v. Sau. Prabha Wd/O. Waman Bisane (Bisan) and Others

Bombay HC20 Oct 2022MCA/55/2022

Case brief

AI extract

What is this about?

The High Court at Nagpur restored a first appeal dismissed for failure to deposit compensation, permitting appealants to withdraw 75% of the deposited amount against standard undertaking and solvent surety.

What did the court decide?

Restoration of the appeal; permission to withdraw 75% of the deposited amount on usual undertaking and solvent surety.

National Insurance Co. Ltd., Nagpur, Thr… — Civil Procedure and Limitation | Bombay HC (2022)

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1 / 3 Corrected 47.mca55.2022

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

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MISC. CIVIL APPLICATION NO. 55 OF 2022
AND
CIVIL APPLICATION (CAF) NO. 2369 OF 2022
IN
FIRST APPEAL (ST) NO. 10837 OF 2016

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National Insurance Co. Ltd.
Vs.

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Smt. Prabha wd/o Waman Bisane (Bisan) and Ors.

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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. B.P. Bhatt, Advocate for applicant.
Mr. M.B. Bahadure, Advocate for respondent Nos.1 to 4.

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CORAM : ABHAY AHUJA, J.
DATE : 20.10.2022.

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This is an application for restoration of

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the appeal that was dismissed by a self operative
order of this Court dated 08.09.2021, for failure to
deposit the amount of compensation undertaken to
be deposited in this Court. It is submitted that there
was also a delay of 80 days in preferring the Appeal.

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2.Mr. Bahadure, learned counsel for the
respondents/claimants has filed a reply opposing the
restoration. Learned counsel submits that it is only
when a distress warrant came to be issued by the

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Corrected as per Hon’ble Court’s order dated 09/11/2022

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Prity

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2 / 3 Corrected 47.mca55.2022

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MACT, Bhandara, that the appellant – Insurance
Company realised that the appeal has been dismissed
pursuant to a self operative order of this Court and
therefore, they have filed this application to thwart
the attempts of the claimants to their rightful dues.
He submits that in the event, this application is
allowed, he may be allowed to withdraw at least
75% of the amount already deposited in this Court.

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3.Mr. Bhatt, learned counsel for the
applicant, has no objection, if the same is allowed to
be withdrawn on the basis of usual undertaking and
solvent surety.

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4.Having heard the learned counsel for the
applicant and having perused the application as well
as the reply, the following order is passed :

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(i) First Appeal on Stamp Number along
with Civil Application

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(F) 1413/2017 for condonation of delay
be restored.

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(ii) Let 75% of the amount be withdrawn by
the respondent Nos.1 to 4, in equal proportion in the
following manner:-

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Corrected as per Hon’ble Court’s order dated 09/11/2022

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Prity

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3 / 3 Corrected 47.mca55.2022

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(a) 25% of the aforesaid amount be
withdrawn on the basis of usual undertaking that in
the event impugned decision is modified or set aside,
the said amount would be returned to the Insurance
Company.

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(b) 50% of the amount be withdrawn on the
basis of solvent surety to the satisfaction of the
Registrar (Judicial) of this Court.

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(iii) Registry to act accordingly.

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5.The civil application stands disposed in
the above terms.

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6. List the matter on 11.11.2022.

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JUDGE

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Corrected as per Hon’ble Court’s order dated 09/11/2022

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Prity

National Insurance Co. Ltd., Nagpur, Thr. Divisional Office, Durgasadan v. Sau. Prabha Wd/O. Waman Bisane (Bisan) and Others

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd., Nagpur, Thr. Divisional Office, Durgasadan v. Sau. Prabha Wd/O. Waman Bisane (Bisan) and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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