Dineshchandra Narsinhabhai Oza v. United India Insurance Company And Others

994.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

994 CIVIL APPLICATION NO. 12525 OF 2015 IN FA/157/2007 DINESHCHANDRA NARSINHABHAI OZA

VERSUS

UNITED INDIA INSURANCE COMPANY AND OTHERS ...

Advocate for Applicants : Mr. Kulkarni Mukul S. Advocate for Respondent No.1 : Mr. A B Gatne ...

CORAM

: S. V. GANGAPURWALA, J.

DATE :

9th October, 2015 PER COURT :

1.

This is an application for withdrawal of amount. Mr. Gatne, the learned counsel for the Respondent Insurance Company opposes the application o the ground that the court has granted assistant charges for next 36 years and for future replacement also, without any evidence on record.

2.

Considering the award passed and the dispute involved, I pass following order:

i.

The applicant is allowed to withdraw Rs.2,75,000/- without any security.

ii.

The applicant is further allowed to withdraw 1/2

994.doc Rs.2,50,000/- on furnishing surety/security of like amount.

iii.

Remaining amount be kept in fix deposit of any nationalized bank.

iv.

Civil application disposed of. No costs.

( S. V. GANGAPURWALA, J. ) JPC 2/2