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Bombay High CourtCA/1944/2016disposed offdismissed for default

Vithal Ramchandra Gade Died Thr Lrs Asha And Others v. The United India Insurance Co. Ltd. And Others

2016-02-18Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 1944 OF 2016 IN FAST/24619/2013 VITHAL RAMCHANDRA GADE DIED THR LRS ASHA AND OTHERS

VERSUS

THE UNITED INDIA INSURANCE CO. LTD. AND OTHERS ...

Advocate for Applicants : Mr. Sonwane Mahesh R. Advocate for Respondent No.1: Mr. A. B. Gatne. *** CORAM: T. V. NALAWADE, J.

DATED:

18th FEBRUARY, 2016.

PER COURT:

1.

This application is made in First Appeal (St) No.24619 of 2013. Both the sides are heard. Seen the order made by this Court Court on 10th June, 2014 in Civil Application No.4262 of 2014. The said order made made on the basis of order made by this Court in Civil Application No.15114 of 2013 (First Appeal no.1964 of 2010). This Court has allowed the claimants of other proceeding to withdraw 50% amount and so similar order is made by this Court in Civil Application No.4262 of 2014. Civil Application No.4262 of

-:(2):- 2014 was filed by original claimant Nos.1 to 4 and this Court directed to release 50% amount of their share. Accordingly, the said amount is released. It appears that during pendency of this proceeding original claimant Nos.5 and 6, the parents of deceased died. original claimant Nos.1 to 4 are brought on record as legal representatives of original claimant Nos.5 and 6. It is clear that the amount of the share of original Claimant Nos.5 and 6 is lying in the Court. In the present Application, this Court is allowing original claimant Nos.1 to 4 to withdraw 50% amount of the share of claimant Nos.5 and 6 subject to the same condition like giving of solvent surety of like amount. The remaining amount is to be kept in fixed deposit as ordered by this Court on 10th June, 2014 in Civil Application No.4216 of 2014. Civil application is disposed of accordingly. [T. V. NALAWADE, J.] Dt.18/02/2016.

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