Divisional Manager, New India Assurance Co. Ltd. Akola Thr. Chief Regional Manager, Nagpur Vs Vandana Wd/O Ravindra Tayade and Others — Bombay HC (2025) — LawSathi Research

Divisional Manager, New India Assurance Co. Ltd. Akola Thr. Chief Regional Manager, Nagpur Vs Vandana Wd/O Ravindra Tayade and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 152 days in filing the appeal condoned and appeal to be registered; applicants/respondent Nos. 1 to 6 permitted to withdraw 70% of the compensation amount deposited by the appellant in this Court along with accrued interest; Registrar (J) to transfer that amount to their bank accounts as per the award within four weeks on furnishing usual undertaking and bank account details.

Issue for consideration

Whether the delay of 152 days in filing the appeal ought to be condoned. +1 more

Court's answer

Considering the reasons in the application and the no objection of respondent Nos. 1 to 6, the delay condonation application is allowed as prayed; the delay of 152 days is condoned and the appeal is to be registered accordingly.

Ratio / Principle

No substance found in the objection raised by the appellant's Advocate; the applicants (respondent Nos. 1 to 6) are entitled to withdraw 70% of the compensation amount along with accrued interest thereon; the application is partly allowed.

Key takeaways

Registrar (J) directed to transfer 70% of the compensation amount along with accrued interest to the bank accounts of the respective applicants, as per the award, within four weeks, on their furnishing the usual undertaking and bank account details to the registry.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Abhay J. Mantri, J.), order dated 21-07-2025 in Civil Application (CAF) No. 2468 of 2018 in First Appeal (Stamp) No. 17747 of 2018 - The Divisional Manager, The New India Assurance Co. Ltd. v. Vandana wd/o Ravindra Tayade and others: (i) delay of 152 days in filing the appeal condoned, the learned Advocate for respondent Nos. 1 to 6 having no objection; none appeared for respondent Nos. 7 to 10; appeal to be registered; (ii) notice issued in the appeal, returnable after six weeks, with service waived by Ms. S.H. Bhagat for respondent Nos. 1 to 6; (iii) in Civil Application No. 715/2024, the applicants (respondent Nos. 1 to 6) held entitled to withdraw 70% of the compensation amount deposited by the appellant in the Court, with accrued interest, the Court finding no substance in the appellant's objection; Registrar (J) directed to transfer the amount to the respective applicants' bank accounts as per the award within four weeks on furnishing the usual undertaking and bank account details; application partly allowed and disposed of.

1 14-caf2468.18.odt

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

CIVIL APPLICATION (CAF) NO. 2468 OF 2018 IN

FIRST APPEAL (STAMP) NO. 17747 OF 2018

( The Divisional Manager, The New India Assurance Co. Ltd. ..vs.. Vandana wd/o Ravindra Tayade and others )

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

Court's or Judge's orders

Mr. A.W. Paunikar, Advocate for the appellant,

Ms. S.H. Bhagat, Advocate for respondent Nos. 1 to 6.

CORAM : ABHAY J. MANTRI, J.

DATED : 21-07-2025

The applicant/appellant has filed this application to condone the delay of 152 days in filing the appeal, for which the learned Advocate for respondent Nos. 1 to 6 have no objection. None appears on behalf of respondent Nos. 7 to 10.

Having considered the reasons stated in the application as well as no objection given by respondent Nos. 1 to 6, the application is allowed as prayed. The delay is condoned. The appeal be registered accordingly.

First Appeal (Stamp) No. 17747/2018

Heard.

Issue notice to the respondents, returnable after six weeks.

Ms. S.H. Bhagat, learned Advocate, waives service of notice on behalf of respondent Nos. 1 to 6.

2 14-caf2468.18.odt

Civil Application No. 715/2024 .

Applicants/respondent Nos. 1 to 6 have filed this application to permit them to withdraw the amount deposited by the appellant in this Court along with accrued interest thereon, for which the learned Advocate for the appellant has strongly objected.

Having considered the reasons disclosed in the application as well as gone through the impugned judgment, I do not find substance in the objection raised by the learned Advocate for the appellant to resist the application. On the contrary, I deem it appropriate that the applicants are entitled to withdraw the 70% amount of compensation along with accrued interest thereon. Accordingly, the application is partly allowed.

The Registrar (J) is directed to transfer 70% of the compensation amount along with accrued interest thereon, in the bank accounts of the respective applicants, as per the award, within four weeks, on their furnishing the usual undertaking as well as their bank account details to the registry.

The application is disposed of accordingly.

(ABHAY J. MANTRI, J.)

adgokar