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Bombay High CourtCA/10292/2016disposed offdismissed for default

Savita Narsinha Kature And Others v. Icici Lombard General Insurance Company Ltd, Aurangabad And ANR

2016-07-22Hon'Ble Shri Justice P.R. Bora2 pages

984 ca.10292.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 10292 OF 2016 IN FAST/7941/2013 SMT. SAVITA NARSINHA KATURE AND OTHERS

VERSUS

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Ankush N. Nagargoje. Advocate for Respondent No.1 : Mr. A. G. Choudhari. Advocate for Respondent No.2 : Mr. D. M. Mane. ...

CORAM :

P. R. BORA, J.

DATE :

22nd July, 2016.

P.C.:

.

Heard the learned counsel appearing for the respective parties.

Applicants are seeking withdrawal of the entire amount deposited by the Appellant Insurance Company in this Court under the directions of this Court. The learned counsel for the Appellant Insurance Company has opposed for permitting such withdrawal. In so far as the amount invested in the name of minors is concerned, at present there seems no reason for allowing the withdrawal of said amount. However, I am inclined to allow Applicant Nos.1 and 4 to withdraw 80% of the amount of their share in terms of

984 ca.10292.16.odt the impugned award with interest accrued thereon on an undertaking that in the event any adverse order is passed against them, they shall redeposit the amount so withdrawn by them within a period of four months from the date of passing of such order. Civil application stands disposed of.

[ P. R. BORA, J. ] ndm