Mr. Amarjitsingh Gurubirsingh Chadha And Another v. Mr. Shriniwas Gajanan Kale

913-caf-3968-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3968 OF 2015 IN FIRST APPEAL NO.818 OF 2013 Amarjitsingh Gurubirsingh Chadha and Another ... Applicants In the matter between Shriniwas Gajanan Kale ... Appellant vs.

Amarjitsingh Gurubirsingh Chadha and Others ... Respondents Mr. T.S. Ingale, for the Applicants.

Mr. B.A. Walimbe, for the Appellant.

Mr. Misar H.G., for Respondent No. 3.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

12th FEBRUARY, 2016 P.C.:

.

The civil application is moved for withdrawal of the amount. The learned counsel for the Applicants submit the Appeal is filed by the driver of the vehicle. The Insurance Company has been exonerated. Pursuant to the order of this Court dated 4th August, 2014 the Appeal is admitted and pursuant to the order dated 12th August, Vishal 1 / 2

913-caf-3968-2015.doc 2013 passed in Civil Application, the Appellant was directed to deposit 50% of the total decreetal amount including interest and accordingly the Appellant has deposited Rs. 2,12,271/-. 2.

The learned counsel for the Applicants submit that the applicant No. 1 is a husband of the deceased and No. 2 is the son. In view of this, the applicant-husband is allowed to withdraw Rs. 1,00,000/- and applicant-son is allowed to withdraw Rs. 50,000/- from the deposited amount under the usual undertaking before the trial Court.

(MRS.MRIDULA BHATKAR, J.) 2 / 2