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Bombay High CourtCA/3054/2019disposed offdismissed for default

Ujjawala @ Ujjvala Dinesh Jadhav And ANR v. The New India Assurance Co. Ltd., Thr Its Branch Manager And ORS

2019-02-22Hon'Ble Shri Justice P.R. Bora2 pages

{1} CA 3054 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 976 CIVIL APPLICATION NO.3054 OF 2019 IN FAST/33222/2017 UJJAWALA @ UJJVALA DINESH JADHAV AND ANR

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS BRANCH MANAGER AND ORS ...

Advocate for Applicants : Shri Sudhir K. Chavan Advocate for Respondent No.1 : Shri M.M.Ambhore ...

WITH CA/12821/2017 IN FAST/33222/2017 ...

CORAM : P.R.BORA, J.

DATE: 22nd February, 2019 PER COURT:- Heard learned Counsel for the applicants and learned Counsel appearing for respondent Insurance Company. Perused impugned Judgment and grounds of objection raised in exception to the said Judgment.

In view of above, the following order is passed:-

ORDER

I) The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of the Registrar (Judicial) of this Court. The applicants are permitted to withdraw further 20% of the deposited amount on submitting solvent surety/security in the like amount to the satisfaction of Registrar (Judicial) of this Court.

{2} CA 3054 OF 2019 Balance 30% amount be invested in Fixed Deposit Receipt in any Nationalized Bank for a period till disposal of the appeal.

II) Civil Application No.3054 of 2019 stands disposed of.

III) Hearing of the appeal is expedited.

IV) Call Record and Proceeding.

V) In Civil Application No.12821 of 2017, time is extended by two weeks.

(P.R.BORA) JUDGE SPT