Mr. Rafique Abdul Malik Tejani v. The Oriental Insurance Company Ltd.

918-CAF-4461-16-FA-1206-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4461 OF 2016 IN FIRST APPEAL NO. 1206 OF 2016 Rafique Abdul Malik Tejani ...Applicant In the matter between The Oriental Insurance Company Ltd.

...Appellant

Versus

Rafique Abdul Malik Tejani and Ors.

...Respondents

---------- Mr. A.S. Vidyarthi, a/w Mr. S.S. Vidyarthi & Ms. Divya Menon, for the Appellant.

Mr. P.N. Shah, for the Respondent No. 1.

---------- CORAM :

M.S. SONAK, J.

DATE :

4 April 2017 ORDER :

1.

The Applicant i.e. the Decree-holder, is permitted to withdraw the entire decretal amount deposited by the Appellant before the City Civil Court upon furnishing of a bank guarantee, of the nationalised bank to the satisfaction of the Executing Court. The bank guarantee to be kept alive till the disposal of this Appeal. Sharayu.

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918-CAF-4461-16-FA-1206-16.doc Further, Decree-holder to file an undertaking in this Court to the effect that in case, the Appeal is allowed, the Decree-holder will pay interest upon the amount, as may be determined by this Court. 2.

In case, the Decree-holder does not come forward to withdraw the amount within two months from today, the executing Court, to invest the said amount in a nationalised bank. 3.

Civil Application No. 4461 of 2016 is disposed of. [M.S. SONAK, J.] Sharayu.

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