Manisha Dashrath Dive And Others v. The Branch Manager, New India Insurance Co. Ltd Ahmednagar And ANR

( 1 ) ca3873.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3873 OF 2017 IN FIRST APPEAL NO. 3162 OF 2016 Manisha Dashrath Dive & ors.

..

Applicants

Versus

The Branch Manager, New India Insurance ..

Respondents Co. Ltd. & Anr.

Mr.D.R. Jayabhar, Advocate for the applicants. Mr.S.R. Bobade, Advocate for R-1.

Mr.V.V. Tarde, Advocate for R-2.

CORAM : V.K. JADHAV,J.

DATED :

24.03.2017 P.C. :- 1.

The learned Counsel for the applicants submits that marriage of applicant No.2-Mangal is now fixed. The amount is required for marriage expenses. The applicants may be permitted to withdraw the remaining amount deposited before this Court.

2.

The learned Counsel for the respondent/insurer has strongly resisted the application on the ground that the applicants have already withdrawn an amount of Rs. 3 lakhs and considering the challenge made to the judgment and award of the Tribunal, the applicants may not be permitted to withdraw the remaining amount.

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In view of the submissions and considering that the marriage of applicant No.2 is now fixed, the applicants are permitted to withdraw further amount of Rs.1,00,000/- (Rupees One Lakh) on the same condition of furnishing undertaking to the satisfaction of the Registrar (Judicial).

4.

The civil Application is accordingly disposed of.

[V.K. JADHAV,J.] /2017/ 17/ snk MAR ca3873.17