Heerabai Damodhar Dhole And ORS v. New India Assurance Co. Ltd., Thr Its Manager And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO.3081 OF 2020 IN FAST/18926/2018 WITH CA/8461/2018 IN FAST/18926/2018 HEERABAI DAMODHAR DHOLE AND ORS

VERSUS

NEW INDIA ASSURANCE CO. LTD., THR ITS MANAGER AND ORS Shri. P. C. Mayure, Advocate for the applicants Shri.M. R. Deshmukh, Advocate for respondent No. 1 Smt. R. D. Reddy, Advocate for respondent No. 2. CORAM : M. G. SEWLIKAR, J.

DATED : 28-01-2021 P.C. :- .

Heard Shri. Mayure, learned counsel for the applicants, Shri. Deshmukh, learned counsel for respondent No. 1 and Smt. Ranjana Reddy, learned counsel for respondent No.2.

2.

Shri. Mayure, learned counsel submits that he has already withdrawn 50% of the amount deposited by respondent No. 1. He states that applicant No. 1 is a widow and is facing financial difficulties because of the situation created by the pandemic. Therefore, she seeks withdrawal of the entire balance amount. Learned counsel Shri. Deshmukh for respondent No.1 has strong objection for the withdrawal. 3.

Considering the submissions of the learned counsel for the applicant, I am inclined to allow the applicant to withdraw 50% of the balance amount subject to giving undertaking on usual terms. Civil application is disposed of.

[M. G. SEWLIKAR, J.] ssp ca3081.20.odt