Swaroopa Nitin Chitlange And ORS v. New India Insurance Co. Ltd. And ORS

921 ca 415.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 415 OF 2017 IN FA/3213/2016 SWAROOPA NITIN CHITLANGE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS.

...

Advocate for Appellant : Bhandari Anand P.

Advocate for Respondents : Ambhore M.m.

...

CORAM : V.K. JADHAV, J.

DATE : 13-01-2017.

P.C. :

1.

Heard both the sides. Learned counsel for the applicant submits that in para 4 of the operative order the learned Member of the Tribunal has directed to deposit an amount of Rupees Eleven Lakhs each in the name of respondent nos. 1 and 3. herein in any nationalised bank and further directed that, the remaining amount be distributed equally amongst them.

2.

Learned counsel submits that, this court by order dated 14.12.2016 has, however, permitted the applicants to withdraw an amount of Rupees Thirty Five Lakhs (remaining amount as directed by the tribunal) on submitting an undertaking. Learned counsel submits that the prayer in civil application is also to the effect that the applicant nos. 1 and 3 (respondent nos. 1 and 3 in appeal) be permitted to withdraw Rupees Thirty Five Lakhs i.e. Rs. 17,50,000/- each. Learned counsel for the respondent-insurer has no objection

921 ca 415.17.odt if the order dated 14.12.2016 is corrected to the effect. 3.

In view of the above submission, the order dated 14.12.2016 is modified to the effect that applicant nos. 1 and 3 are permitted to withdraw Rupees Thirty Five Lakhs in equal shares on submitting an undertaking as directed by this court in the order dated 14.12.2016. Civil application is accordingly disposed of. (V.K. JADHAV) JUDGE mub