1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLN. (F) NOS.1190/2010 & 1191/2010 IN FIRST APPEAL ST. NO.4540/2010 The Oriental Insurance Co.Ltd. -vs- Ajab Parasram Nimkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 30, 2010 . CIVIL APPLN. (F) NO.1190/2010 Heard Shri Godbole, the learned counsel for the applicant. None appears on behalf of the respondent, though served. Hence, for the reasons stated in the civil application, the delay of 38 days in filing the appeal is condoned. Civil application is allowed and disposed of. CIVIL APPLN. (F) NO.1191/2010 Heard Shri Godbole, the learned counsel for the applicant. None appears on behalf of the respondent, though served. 2 The appellant has deposited the amount in this Court, in view of the order dated 7th July, 2010. In such circumstances, the judgment and award passed by the Tribunal is stayed, during the pendency of the appeal. The respondents-claimants will not be entitled to withdraw the amount deposited by the appellant in this Court, as the appellant Insurance Company was absolved of its liability, as the policy condition was clearly breached by the owner of the vehicle in this case. The amount deposited by the appellant should be placed in a fixed deposit account of a nationalized bank, initially for a period of three years and the same should be renewed thereafter from time to time, during the pendency of the appeal. Civil application is allowed on the aforesaid terms and disposed of. FIRST APPEAL ST. NO.4540/2010 Heard Shir Godbole, the learned counsel for the appellant. ADMIT. Call for record and proceedings. JUDGE KHUNTE