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Bombay High CourtCA/3176/2019disposed offdismissed for default

Sheetal Kamlesh Jadhav v. Reliance General Insurance Co. Ltd., Thr Its Authorized Official, Yogesh D Dhase, Aurangabad And An

2019-06-07Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3176 OF 2019 IN FIRST APPEAL NO.4670 OF 2017 (Sheetal Kamlesh Jadhav Vs. Reliance General Insurance Co.Ltd., through its Authorized Official, Yogesh D. Dhase, Aurangabad and another) ---- Mr. Vikram S. Undre, Advocate for the applicant Mr. A.S. Usmanpurkar, Advocate for respondent No.1 ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

7th JUNE, 2019 ORDER :

Heard learned counsel for the applicant and learned counsel for respondent No.1 - Insurance Company.

2.

It is pointed out that in connected Civil Application No.3216 of 2019 in First Appeal No.1430 of 2018, this Court has already allowed the claimants therein to withdraw 50% amount of compensation deposited in the Court with proportionate accrued interest thereon subject to filing of written undertaking in First Appeal. Therefore, I do not find any reason to take different view.

ca3176-2019 3.

Permission is granted to the applicant to withdraw 50% amount of compensation deposited by the Insurance Company - respondent No. 1 with proportionate accrued interest thereon subject to filing of written undertaking in First Appeal to re-deposit the withdrawn amount as and when directed by this Court. The written undertaking be filed within eight weeks from today. The balance 50% compensation amount shall be invested in fixed deposit in any Nationalized Bank till final hearing of the appeal.

4.

Civil Application is accordingly allowed and disposed of.

[SUNIL K. KOTWAL] JUDGE npj/ca3176-2019