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Bombay High CourtCA/1462/2024admittedallowedgrantedrule absolute

Babasaheb Narayan Randhir v. The Branch Manager New India Assurnace Company Ltd And ANR

2024-07-04Hon'Ble Shri Justice Kishore C. Sant1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO. 1462 OF 2024 IN FA/3945/2023 Babasaheb Narayan Randhir

VERSUS

The Branch Manager New India Assurnace Company Ltd And Anr ...

Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar Advocate for Respondent 2 : Mr. A.B. Kadethankar ...

CORAM

: KISHORE C. SANT, J.

Dated : July 04, 2024 PER COURT :- 1.

Heard.

2.

This application is for withdrawal of amount by the original claimant. The leaned advocate for the Insurance Company vehemently opposes the application, stating that there are substantial grounds taken in the appeal. 3.

However, considering that the application is by the claimant, who suffered injury, it is not in the interest of justice to keep the amount lying idle in this Court. In view of the same, following order :

ORDER

(i) The application is partly allowed. The applicant is permitted to withdraw 50% of the amount deposited in this Court by the appellant along with accrued interest on furnishing usual undertaking. Balance amount be invested in any nationalized bank till disposal of the appeal. ( KISHORE C. SANT, J. ) ssc/