Shamimbee Ayub Khan And Another v. The New India Assurance Co. Ltd. Through Its Manager Legal Hubsharda Ashok Mandwekar And Another

CA 874/15 in FAST 21674/14 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.874/2015 IN FIRST APPEAL ST.NO.21674/2014 Shamimbee Ayub Khan & another.

...Applicants..

Versus

The New India Assurance Co.Ltd.

Through its Manager, Legal & another.

...Respondents...

.....

Shri H.I. Pathan, Advocate for applicants.

Shri P.P. Deshpande, Advocate for respondent no.1. Shri S.M. Kshirsagar, Advocate h/f Shri Amit Mukhedkar, Advocate for respondent no.2.

.....

CORAM: M.T. JOSHI, J.

DATE: 05.03.2015 ORDER :

1] Heard both the sides.

2] Considering the challenge in the appeal, present applicants i.e. original claimants are allowed to withdraw 50% of the amount deposited in the office of the learned Commissioner upon execution of an undertaking before the learned Commissioner that in case any order adverse to their interest is passed by this Court in

CA 874/15 in FAST 21674/14 - 2 - future, they would refund the amount within a period of ten weeks from the date of such order. The application is accordingly disposed of.

(M.T. JOSHI, J.) ndk/c531520.doc