Kamlaben Pramod Wani And ORS v. United India Insurance Co. Ltd., Thr Its Administrative Officer (T.P. Hub) M. Virat, A.Bad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 2713 OF 2018 IN FAST/38577/2017 KAMLABEN PRAMOD WANI AND ORS.

VERSUS

UNITED INDIA INSURANCE CO. LTD., THROUGH ITS ADMINISTRATIVE OFFICER (T.P. HUB) ...

Advocate for Applicants : Mr. Kochar Mahendra G. Advocate for Respondent No. 1 : Mr. S. S. Rathi ...

CORAM : SUNIL K.KOTWAL, J.

DATE : AUGUST 28, 2018 O R D E R :

Heard learned counsel for applicants and learned counsel for the respondent Insurance Company. Much has been argued regarding merits of the matter, however, at this stage, merits of the appeal cannot be considered.

2.

Considering judgment and award, it is desirable to allow to withdraw 50% of deposited amount to the applicants. Hence following order :

1) Application is allowed.

2) Permission is granted to the applicants to withdraw 50% amount out of

ca2713.18 deposited amount subject to filing of solvency and surety for the said amount within a period of eight weeks from the date of this order.

3) Registrar (Judicial) to take necessary steps regarding refund of the amount after verification of surety.

4) Remaining amount be invested in fixed deposit in any Nationalized bank.

5) Civil Application is disposed of.

[SUNIL K.KOTWAL, J.] mahajansb/