Smt. Seema Sudam Auti And ORS. v. The New India Assurance Co Ltd.

11.caf1505_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLCIATION NO. 1505 OF 2014 IN FIRST APPEAL NO. 1991 OF 2011 Smt. Seema Sudam Auti & Ors.

... Applicants vs.

New India Assurance Co. Ltd.

...

Respondent Mr. C.M. Lokesh i/b. Hegde & Associates, Advocate for the applicants. Mr. S.M. Vidyarthi, Advocate for the respondent. CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 6th February, 2015.

P.C.

Heard the learned counsel for the parties. Perused the contents of the Application.

The learned counsel for the appellant/non-applicant opposes the prayer made in the Civil Application and states that this Court has, by an order dated 12th December, 2011 permitted the applicants to withdraw the amount only on furnishing the bank guarantee. It is stated that if the appellant/non-applicant succeeds in the Appeal, it would be difficult to recover the amount from the applicants.

Though we prima facie find that there is no reason to modify our

11.caf1505_2014.doc order dated 12th December, 2011, by taking a sympathetic approach, we permit the applicants to withdraw only a sum of Rs.10,00,000/- on furnishing security to the satisfaction of the trial Court. It is made clear that the applicants should not squander the amount and make a similar application for withdrawal in future.

Civil Application stands disposed of in the aforesaid terms. (C.V. BHADANG, J.) (VASANTI A. NAIK, J.)