Smt. Priti Nitin Makwana And ANR. v. The New India Assurance Company Ltd. And ANR.

Megha 902_caf_231_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.231 OF 2022 IN FIRST APPEAL (stamp) NO.19056 OF 2014 Priti Nitin Makwana and Anr.

...Applicants

Versus

New India Assurance Co. Ltd.

...Respondent

...

Ms Kiran Yadav i/b. Mr. A.M. Gokhale for the Applicants. Ms Jyoti Bajpayee for the Respondent.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 15th NOVEMBER, 2022.

P. C. :- 1.

The Applicants, who are the original Claimants have sought withdrawal of the compensation deposited by the Appellant-Insurance Company as per the impugned Judgment dated 26/11/2013 in Claim Petition No.2994 of 2006.

2.

Pursuant to order dated 26/02/2016 the ApplicantClaimants have withdrawn total amount of Rs.1,50,000/- without any security.

by MEGHA S PARAB Date:

2022.11.17 10:46:49 +0530 MEGHA S PARAB 3.

Considering the reasons stated in the application and the 1/2

Megha 902_caf_231_2022.doc grounds raised in the appeal memo, the Applicants are permitted to withdraw 50% of the balance amount with proportionate interest accrued thereon, subject to an undertaking that the amount will be refunded in the event the Appellant succeeds in the appeal. 4.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2