1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO. 838/2009 IN FIRST APPEAL NO. 104/2005 VASANT NARAYAN BHENDARKAR AND ANOTHER VERSUS NATIONAL INSURANCE COMPANY LTD. AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the applicant/ appellant. Mr. N.M.Jibhkate, Advocate, for Respondent Nos.2 to 4 Mrs.Deshpande, Advocate, for Respondent No.1 CORAM : SMT. VASANTI A. NAIK, J. DATE : SEPTEMBER 30 , 2009 . Heard Shri Jibhkate, learned counsel for the applicantS i.e. Respondent Nos. 2 to 4 and Mrs. Deshpande, learned counsel for non-applicant/ respondent no.1 - Insurance Company. None appears on behalf of non-applicant/ appellant, though served. None had appeared on behalf of appellant on 23.9.2009 also. It appears that First Appeal No. 104/2005 filed by the appellants Vasant Narayan Bhendarkar & others has been dismissed in default on 23.6.2008. It is 2 stated on behalf of Respondent Nos. 2 to 4/applicants that the appellant Vasant Bhendarkar has not filed any application for restoration of the first appeal No. 104/2005, which is dismissed in default. In such circumstances, the prayer of the applicants i.e. Respondent Nos. 2 to 4 is granted. The applicants/respondent nos. 2 to 4 are, therefore, permitted to withdraw the amount deposited by the appellant in this Court. Civil application is disposed of accordingly. JUDGE Rvjalit