Shri.Tulshiram Chandar Mokashi v. Reliance General Insurance Company Limited Thr. Its Manager And ANR.

kvm 1/2 12-CAF2189.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2189 OF 2019 IN FIRST APPEAL NO. 760 OF 2019 Tulshiram Chandar Mokashi ..... Applicant

IN THE MATTER OF

Reliance General Insurance Company Limited ..... Appellant

VERSUS

Tulshiram Chandar Mokashi & Anr.

..... Respondents Mr.Nikhil Mehta, a/w. Mr.Rahul Mehta, i/b. M/s.KMC Legal Venture for het Appellant/Applicant.

Ms.Rina Kundu for the Respondents/Applicant in CAF/2189/2019. CORAM :

R.D. DHANUKA, J.

DATE :

28th NOVEMBER, 2019 P.C.

By this civil application, the applicant seeks withdrawal of the amount deposited by the applicant.

2.

By a separate order passed by this court in the first appeal, this court has dismissed the said first appeal. In view of the dismissal of the first appeal, the applicant would be at liberty to withdraw the entire amount deposited by the appellant before the M.A.C.T. on production of authenticated copy of this order.

3.

If there is any shortfall in recovering the decreetal amount, the applicant would be entitled to execute the decree for the balance

kvm 2/2 12-CAF2189.19 amount.

4.

If there is any surplus amount,after making payment to the decreetal amount to the applicant, the tribunal to refund the surplus to the appellant.

5.

The parties as well as the concerned M.A.C.T. to act on the authenticated copy of this order.

[R.D.DHANUKA, J.]