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Bombay High CourtCA/1644/2019disposed offdismissed for default

Vaishali Vinod Pardeshi And ORS v. Icici Lombard General Insurance Company Ltd Thr Its Branch Manager, Aurangabad

2019-02-28Hon'Ble Shri Justice P.R. Bora2 pages

{1} CA 1644 OF 2019 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.1644 OF 2019 IN FAST/38407/2018 VAISHALI VINOD PARDESHI AND ORS

VERSUS

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. THR. ITS BRANCH MANAGER, AURANGABAD ...

Advocate for Applicants : Shri Pratik A. Bhosle Advocate for Respondent : Shri A.G.Choudhari ...

WITH CA/15088/2018 IN FAST/38407/2018 ...

CORAM : P.R.BORA, J.

DATE: 28th February, 2019 PER COURT:- Heard learned Counsel for the applicants and learned Counsel appearing for the respondent Insurance Company. In view of the submissions made, the following order is passed:-

ORDER

I) The applicants are permitted to withdraw 50% of the deposited amount alongwith interest accrued thereon, on submitting an undertaking to the satisfaction of Registrar (Judicial) of this Court. II) Balance 50% amount be invested in the Fixed Deposit Receipt in any Nationalized Bank for the period till disposal of the appeal.

III) Issue notice to the respondents in application

{2} CA 1644 OF 2019 & ORS for condonation of delay, returnable after six weeks. Shri P.A.Bhosale, learned Counsel waives service of notice for respondent Nos.1 to 4.

IV) Respondent No.5 is reported to be dead, however, his legal heirs are already there on record. (P.R.BORA) JUDGE SPT