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Bombay High CourtCA/792/2018admittedallowedgrantedrule absolute

Sadananad Shivaji Jagtap v. M/S Shriram General Insurance Company Ltd. Thr Its Authorised Signatory And ANR

2018-01-17Hon'Ble Shri Justice K. K. Sonawane2 pages

1 911-FA-790-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 790 OF 2018 IN FA/2029/2014 BALAJI MANOHAR SATHE

VERSUS

M/S SHRIRAM GENERAL INSURANCE COMPANY LTD. THR ITS AUTHORISED SIGNATORY AND ANOTHER ...

Advocate for Applicant/s : Mr. Shrikishan S. Shinde. Adv. for Respondent No.1 : Mr. M.A.Deshmukh h/f. Mr.S.G.Chapalgaonkar. ...

WITH CA/792/2018 IN FA/2028/2014 ...

CORAM : K.K. SONAWANE, J.

DATED : 17TH JANUARY, 2018.

Order :- Heard learned counsel for applicants and learned counsel for respondent No.1- Insurance Company. Perused the applications. 2.

Learned counsel for the applicants submits that coordinate Bench of this Court (Coram : V. K. Jadhav, J) allowed the applicants for withdrawal of amount deposited before this court on furnishing undertaking to the satisfaction of Registrar (Judicial). He produced extract of the order dated 20-01-2017 passed by this Court. The copy of said Order is marked as Exhibit- 'X' for identification purpose. Learned counsel for applicants submits that the amount to be withdrawn be transmitted to the concerned Motor Accident Claims Tribunal, Latur, for its disbursement in favour of applicants. It would facilitate for the applicants to withdraw the amount conveniently instead of visiting from Latur to Aurangabad. 3.

Learned counsel for respondent- Insurance company fairly conceded to pass suitable order in the interest of justice.

2 911-FA-790-18 4.

Accordingly, applications stand allowed in terms of prayer clause 'B'. The whatever decreetal amount deposited in this Court allowed to be withdrawn by the applicants under Order dated 20th January 2017 (Exhibit 'X') be transmitted to the concerned Motor Accident Claims Tribunal, Latur, for it's disbursement in favour of applicants, after furnishing undertaking to the satisfaction of Registrar of the concerned Tribunal, with effect that in case any contingency arises, the applicants would refund the compensation amount received to them forthwith as directed by the Court. Accordingly, civil applications stand disposed of in above terms. The Registry to do the needful for further process. [ K. K. SONAWANE ] JUDGE rrd.