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Bombay High CourtCA/4456/2017admittedallowedgrantedrule absolute

Sunita Ramesh Asole And ORS v. United India Insurance Company Ltd. And ANR

2017-04-07Hon'Ble Shri Justice V.K. Jadhav2 pages

*1* 962.ca.4456.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4456 OF 2017 IN FA/1010/2015 SUNITA RAMESH ASOLE AND ORS

VERSUS

UNITED INDIA INSURANCE COMPANY LTD. AND ANR ...

Advocate for Applicants : Shri Chavan Sudhir K. Advocate for Respondents : Shri S. V. Kulkarni For R/1 and Shri R. B. Bhosale For R/2.

...

CORAM: V.K. JADHAV, J.

DATE :- 07th April, 2017.

Per Court:

The learned counsel for the Applicants submits that the appeal preferred by the Respondent/ Insurer came to be dismissed by this Court by order dated 01.04.2016. The Applicants pray to withdraw the amount deposited before this Court by the Respondent/ Insurer. The learned counsel for the Respondent/ Insurer has no objection, if the Applicants are permitted to withdraw the said amount. In view of the above, the Civil Application is allowed in terms of prayer clause (B).

However, the learned counsel for the Applicants submits that the Applicant No.4 is bedridden and she is not in a position to come to this Court. The Applicant No.5, who is her husband, may be permitted to

*2* 962.ca.4456.17 withdraw the amount falling to the share of the Applicant No.4. In view of the above submissions, the Applicant No.5 is hereby permitted to withdraw the amount falling to the share of the Applicant No.4. The office to issue separate cross-cheques one for the Applicant Nos.1 to 3 and another for the Applicant Nos.4 and 5. The Civil Application is, accordingly, disposed of. (V.K. JADHAV, J.) Kalyan Sangvikar, PA.