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Bombay High Court
Icici Lombard Insurance Co. Ltd., Thr. … vs Mithun Gowardhan Khadse And Others on 28 August, 2025
1 4caf1713.2025..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
CIVIL APPLICATION (CAF) NO 1713 OF 2025
IN
FIRST APPEAL NO. 925 OF 2024
(ICICI Lombard Ins. Co Ltd Vs. Mithun Gowardhan Khadse and ors)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Mohit Madhwani, Advocate for appellant.
Ms. Monali Pathade, Advocate for applicant/respondent Nos. 1 to 3.
Mr. N.S. Khandewale, Advocate for respondent No.4.
CORAM : ABHAY J. MANTRI, J.
DATED : 28-07-2025
Heard.
2. The applicants/respondent Nos. 1 to 3 have filed this
application to permit them to withdraw the entire compensation
amount along with interest accrued thereon, deposited by the
appellant in this Court, for which learned counsel for the appellant
objected.
3. Having considered the reasons disclosed in the application,
I do not find substance in the objection of the appellant not to permit
to applicant to withdraw the compensation amount but in my view,
the applicant can be permitted to withdraw the 50% amount along
with accrued interest thereon, on his furnishing usual undertaking,
which would not cause prejudice to the right of the appellant as the
order of pay and recover is passed. As such, the application is partly
allowed. The applicant is permitted to withdraw 50% of the amount,
along with the accrued interest.
4. Registrar (J) is directed to transfer 50% of the
compensation amount along with interest, within five weeks, to the
bank account of the applicant, on his furnishing usual undertaking and
bank account details to the Registry.
2 4caf1713.2025..odt
FIRST APPEAL NO. 925 OF 2024
Heard.
2. Having considered the grounds disclosed in the appeal memo,
the appeal is ‘Admitted’.
3. Issue notice to the respondents, returnable after five weeks.
4. Ms. Pathade, learned counsel, waives notice for respondent Nos.
1 to 3.
5. Mr. Khandewale, learned counsel, waives notice for respondent
No. 4.
6. Call for record and proceedings.
7. List the matter after receipt of the record and proceedings.
(ABHAY J. MANTRI, J.)
Belkhede
Signed by: Mr. R. S. Belkhede
Designation: PS To Honourable Judge
Date: 29/07/2025 11:00:32
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