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Bombay High CourtCA/2064/2017disposed offdismissed for default

Vimalbai Sominath Harkal And Others v. Bajaj Allianz General Insurance Co. Ltd. Thr Its Branch Manager, Aurangabad And ANR

2017-02-10Hon'Ble Shri Justice V.K. Jadhav2 pages

962 ca 2064.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 2064 OF 2017 IN FA/935/2014 VIMALBAI SOMINATH HARKAL AND OTHERS

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. THR ITS BRANCH MANAGER, AURANGABAD AND A ...

Advocate for Applicants : Dhakane Rajendra B. Advocate for Respondents : S. G. Chapalgoankar For R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 10-02-2017.

P.C. :

1.

The learned counsel for the applicants submits that, the appeal preferred by the respondent insurer came to be dismissed by this court on 18.11.2015. In view of the same, applicant may be permitted to withdraw the amount deposited by the respondent insurer before this court. Learned counsel for the respondent no.1 insurer has no objection if the applicants are permitted to withdraw the amount.

2.

In view of the above, the applicants are permitted to withdraw the entire amount along with accrued interest, if any. The learned counsel for the applicants submits that, applicant no.2 is suffering from paralysis and applicant no.3 is an aged woman and not in a position to come to the court and withdraw the amount. The learned counsel submits that the applicant no.1, therefore, may

962 ca 2064.17.odt be permitted to withdraw the amount of her share and to accept the cheques on behalf of applicant nos. 2 and 3.

3.

In view of the above submission, the applicant no.1 is permitted to withdraw the amount of her share and ready to accept the account payee cheque in the name of applicant nos. 2 and 3. Civil application is accordingly disposed of. (V.K. JADHAV) JUDGE mub