Ashabai Bhagwan Anbhule And ORS v. Reliance General Insurance Co. Ltd., And ANR

(Order) (1) C.A. No. 06406 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 06406 of 2019 (In First Appeal No. 03329 of 2018) District : Beed Ashabai Bhagwan Anbhule & 03 others.

.. Applicants versus Reliance General Insurance Co. Ltd., through its Divisional office, Adalat Road, Aurangabad & another.

.. Non-applicants.

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Mr. N.K. Tungar, Advocate, for the applicants. Mr. V.N. Upadhye, Advocate, for non-applicant no.01. ...........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 04TH JUNE 2019 ORAL ORDER :

01.

By the present application, the applicants - original claimants are seeking withdrawal of the amount deposited in this Court as per order of this Court passed in Civil Application No. 13436 of 2018 on 30-10-2018.

02.

The said amount is deposited towards satisfaction of the award as per the order of this

(Order) (2) C.A. No. 06406 of 2019 Court. Taking into consideration the fact that the points those are raised by the appellant, it will not be proper to allow the applicants to withdraw the entire amount. It would be appropriate to allow applicant no.01 on behalf of all the applicants to withdraw Rs. 3,69,500/-.

03.

Hence, the following order :- (a) Applicant no.01 Ashabai is allowed to withdraw amount of Rs. 3,69,500/- [Rupees three lacs sixty nine thousand five hundred] on behalf of all the applicants, subject to giving undertaking by her, in this Court, that in case, the appeal is decided against her, she will make good the said amount. Undertaking to be filed within 15 days from today. (b) Civil Application is disposed of in the above terms.

( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / CA6406.19