HIGH COURT OF BOMBAY
SHARAD TEJPAL SHAH AND ORS – Appellant
Versus
NATIONAL INSURANCE CO LTD – Respondent
CA 11557/2011
['BARLOTA AMBAR S AND S K BARLOTA', 'P P BAFNA', '', 'S G CHAPALGAONKAR']
{1}
Civil Application No.11557/2011
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.11557 OF 2011
IN
FIRST APPEAL NO.1150 OF 2003
Sharad Tejpal Shah and Others APPLICANTS
VERSUS
The National Insurance Co Ltd., & others
RESPONDENTS
.......
Mr.A.S.Barlota, Advocate for the applicant
Mr.N.S.Patil h/f Mr.P.P.Bafna, Advocate for R-1
Mr.P.C.Mayure, h/f Mr.S.G.Chapalgaonkar, for R-4
.......
[CORAM : A.V.POTDAR, J.]
DATE: 9
th December 2011
PER COURT:
1.
By the present application, the applicants have prayed
to allow them to withdraw the amount of compensation deposited
by respondent No.1 in First Appeal No.1150/2003, which has been
already disposed of vide order dated 17.07.2009 by partly allowing
the appeal. This Court has directed the joint and several liability of
both the insurance companies and both the vehicles involved in
{2}
Civil Application No.11557/2011
the accident. It is informed that the judgment passed in First
Appeal is not challenged in the Supreme Court and hence the
same has attained finality. In the premise, I do not notice any
impediment in allowing the applicants to withdraw the amount
deposited by respondent No.1 in this Court. Consequently, the
application is allowed.
[A.V.POTDAR, J.]
drp/B11/ca11557-11
{3}
Civil Application No.11557/2011
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.11556 OF 2011
IN
FIRST APPEAL NO.1155 OF 2003
Satish Tejpal Shah and Others APPLICANTS
VERSUS
The National Insurance Co Ltd., & others
RESPONDENTS
.......
Mr.A.S.Barlota, Advocate for the applicants
Mr.N.S.Patil h/f Mr.P.P.Bafna, Advocate for R-1
Mr.P.C.Mayure, h/f Mr.S.G.Chapalgaonkar, for R-4
.......
[CORAM : A.V.POTDAR, J.]
DATE: 9
th December 2011
PER COURT:
1.
By the present application, the applicants have prayed
to allow them to withdraw the amount of compensation deposited
by respondent No.1 in First Appeal No.1155/2003, which has been
already disposed of vide order dated 17.07.2009 by partly allowing
the appeal. This Court has directed the joint and several liability of
both the insurance companies and both the vehicles involved in
{4}
Civil Application No.11557/2011
the accident. It is informed that the judgment passed in First
Appeal is not challenged in the Supreme Court and hence the
same has attained finality. In the premise, I do not notice any
impediment in allowing the applicants to withdraw the amount
deposited by respondent No.1 in this Court. Consequently, the
application is allowed.
[A.V.POTDAR, J.]
drp/B11/ca11557-11