{1} ca8711.11.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.8711 OF 2011 IN FIRST APPEAL ST.NO.171 OF 2011 Hirabai Nanasaheb Nikam Applicant Versus New India Assurance Co.Ltd. and others Respondents Mr. S.K.Shinde, advocate for applicant. Mr. Dhananjay Deshpande, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: 1 This is an application seeking withdrawal of Rs. 4,85,928/-, deposited by the Insurance Company in this Court. 2 Considering the contentions raised in the application, I deem it appropriate to permit the applicant to withdraw sum of Rs. 1,50,000/-. (Rs. One lac fifty thousand). The amount of Rs. 1,50,000/- shall be transmitted to the Motor Accident Claims Tribunal, Sangamner in Execution Petition No.08/2011. The applicant shall be permitted to withdraw the amount on furnishing an undertaking to this Court to the effect that in the event of success of appeal, she shall redeposit the amount in this Court {2} ca8711.11.odt within a period of eight weeks from the date of such decision. The balance amount shall be invested in Fixed Deposit, in any Nationalised Bank, initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter until disposal of appeal. Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca8711.11 {3} ca8711.11.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.369 OF 2011 IN FIRST APPEAL ST.NO.171 OF 2011 New India Assurance Co.Ltd. Applicant Versus Hirabai Nanasaheb Nikam and others Respondents Mr. Dhananjay Deshpande, advocate for applicant. Mr. S.K.Shinde, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: 1 Learned Counsel for the applicant-Insurance Company submits that the Insurance Company has deposited entire amount, in this Court covered by the award passed by Motor Accident Claims Tribunal, Sangamner. 2 In this view of the matter, ad interim relief granted earlier is made absolute. 3 Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca8711.11 {4} ca8711.11.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.368 OF 2011 IN FIRST APPEAL ST.NO.171 OF 2011 New India Assurance Co.Ltd. Applicant Versus Hirabai Nanasaheb Nikam and others Respondents Mr. Dhananjay Deshpande, advocate for applicant. Mr. S.K.Shinde, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: 1 This is an application seeking condonation of delay of 48 days occurred in presenting the appeal. 2 Considering the contentions raised in the application, application deserves to be allowed and same is accordingly allowed. Delay of 48 days occurred in presenting appeal stands condoned. 3 Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca8711.11 {5} ca8711.11.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.171 OF 2011 New India Assurance Co.Ltd. Appellant Versus Hirabai Nanasaheb Nikam and others Respondents Mr. Dhananjay Deshpande, advocate for appellant. Mr. S.K.Shinde, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: Heard learned Counsel for the appellant. Admit. Print dispensed with. Mr.S.K.Shinde, advocate waives notice for respondent no.1. To be heard with First Appeal (St.) Nos.157/11 &149/11. R.M.BORDE JUDGE adb/ca8711.11