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Bombay High CourtCA/1801/2016disposed offdismissed for default

Rajani Rajendra Kale And Others v. New India Insurance Company Ltd. And ANR

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.: 1801 OF 2016 IN FIRST APPEAL NO. 2013 OF 2015 RAJANI RAJENDRA KALE AND OTHERS VERUS NEW INDIA ASSURANCE COMPANY LTD.

...

Advocate for Applicant : Mr. Gandhi Amol S.

Advocate for Respondent: Mr. S. G. Chapalgaonkar. *** CORAM: T. V. NALAWADE, J.

DATED:

18th FEBRUARY, 2016.

PER COURT:

1.

The application is filed by original claimants for permission to withdraw the compensation amount deposited by the insurance company. Both the sides are heard.

2.

Learned counsel for the insurance company has strong objection. The insurance company has challenged the decision as it is a case of fake licence, according to the insurance company. In view of nature of defence and as the claimants were third party, this Court holds that

-:(2):- permission needs to be given to the applicants to withdraw the amount. The amount is to be disbursed as the the Award made by the Tribunal, subject to giving undertaking. Application is disposed of accordingly.

[T. V. NALAWADE, J.] Dt.18/02/2016.

ans/2013