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Bombay High CourtCA/158/2017disposed offdismissed for default

Sandeep Suresh Nagane v. Bharti Axa General Insurance Co. Ltd. Thr Its Manager And ORS

2017-02-03Hon'Ble Shri Justice V.K. Jadhav2 pages

ca13177.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13177 OF 2016 IN FAST/26607/2016 WITH CA/13178/2016 IN FAST/26607/2016 WITH CA/160/2017 IN FAST/26607/2016 BHARTI AXA GENERAL INSURANE CO. LTD. THR ITS MANAGER

VERSUS

SANGRAM SURESH NAGANE AND ORS, CIVIL APPLICATION NO. 13179 OF 2016 IN FAST/26610/2016 WITH CA/13180/2016 IN FAST/26610/2016 WITH CA/158/2017 IN FAST/26610/2016 BHARTI AXA GENERAL INSURANE CO. LTD. THR ITS MANAGER

VERSUS

SANDEEP SURESH NAGANE AND ORS CIVIL APPLICATION NO. 13183 OF 2016 IN FAST/26613/2016 WITH CA/13184/2016 IN FAST/26613/2016 WITH CA/161/2017 IN FAST/26613/2016 BHARTI AXA GENERAL INSURANE CO. LTD. THR ITS MANAGER

VERSUS

KANCHAN SURESH NAGANE AND ORS ...

Advocate for Applicant : Mr. R.H. Dahat and Mr. S.S. Patil Advocate for Respondent No.1 : Mr. A.P. Yenegure .....

CORAM : V. K. JADHAV, J.

DATED : 3rd FEBRUARY, 2017 PER COURT:- 1.

Learned counsel for the applicant seeks four weeks time to take steps against unserved respondents. Time granted. Stand over to 03.03.2017.

2.

In so far as the civil applications for withdrawal of amount is

ca13177.16 -2concerned, learned counsel for the applicants submits that the applicants original claimants incurred huge medical expenses and they are also suffering from financial constraints. 3.

Learned counsel for the respondent insurer submits that the Insurance policy came to be cancelled on account of dishonour of cheque deposited by the insured for want of 'sufficient funds'. Learned counsel for the applicants original claimants submits that the Tribunal has observed that the said cancellation of policy was not communicated to the respondent owner.

4.

In view of the above submissions and since the Tribunal has awarded meager amount in all these three appeals, I am inclined to permit the applicants to withdraw the amount on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. Civil applications for withdrawal of the amount are accordingly disposed of.

( V. K. JADHAV, J.) rlj/