1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 37. CA/529/2010 In FA/2063/2008 WITH CA/398/2009 In FAST/25234/2008 WITH CA/399/2009 In FAST/25234/2008 WITH CA/6388/2008 In FA/2063/2008 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. P.D.Kale, Adv., for the applicant. Mr.D.P.Deshpande, Adv., for respondent no.1. ... CORAM: K.U.CHANDIWAL, J. DATE: 8-2-2010 P.C.:- 1. Heard. There is delay of 6 days in causing to file the appeal. The delay is not exorbitant, sufficiently explained, condoned. Respective application(No.398/2009) of the New India Assurance Company is allowed. 2 2. Already an amount of Rs. 1,20,000/- is received by the claimants pursuant to the orders of this Court in CA No.3992/2009, by order dt.13.4.2009. The grievance of the appellant Insurance Company now is, the risk/liability, even otherwise of the Insurance Company, could be Rs.1,00,000/-. Already the claimants are benefited by virtue of above remittance. Further withdrawal is not expected and Mr.Deshpande reiterated that the directions of first pay and then recover from owner of the vehicle is uncalled for, subject of the appeal. In the situation, the application for withdrawal by CA No.529/2010 cannot be said to be justified. It is rejected. 3. Request for stay to the proceedings by application No. 399/2009 is allowed as entire amount is deposited by the appellant Insurance Company. 3 To be heard along with FAST Nos. 25234/2008, 25235/2008 and 25236/2008. (K.U.CHANDIWAL) JUDGE agp/529-10ca