Bhaskar Baban Tore v. Husen Mohammad Pirmohammad Shaikh And Another

972-CA-3206-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3206 OF 2021 IN FIRST APPEAL NO. 2322 OF 2020 Bhaskar Baban Tore ..APPLICANT

VERSUS

Husen Mohammad Pirmohammad Shaikh and Another ..RESPONDENTS ....

Mr. Shiakh M.A. Jahagirdar, Advocate for applicant Mr. M.R. Deshmukh, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT, J.

DATED : 01st OCTOBER, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for the respondent - insurance company object to permit withdrawal of amount.

3.

It is an injury claim. The owner of the offending vehicle appears to have admitted the claim. Report of the accident is lodged eight days after the incident.

4.

In the fitness of things, the applicant is permitted to withdraw 50% of the amount in deposit with interest accrued thereon on submitting 1 / 2

972-CA-3206-21.odt usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance 50% amount be invested in fixed deposit with any of the nationalised bank, pending the appeal. Civil application stands disposed of accordingly. There shall be no further application for withdrawal of the amount. ( R.G. AVACHAT, J. ) SSD 2 / 2