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Bombay High CourtCA/4629/2019disposed offdismissed for default

Murlidhar Surajmal Kabra And ANR v. Reliance General Insurance Co. Ltd. And ANR

2019-04-04Hon'Ble Shri Justice Sunil K. Kotwal2 pages

1 CA 4629/19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.4629 OF 2019 in FIRST APPEAL NO. 3090 OF 2018 MURLIDHAR SURAJMAL KABRA AND ANR

VERSUS

RELIANCE GENERAL INSURANCE CO. LTD. AND ANR ...

Advocate for Applicants : Mr. Nikhil S. Jaju holding for Mr. Palod L.B.

Advocate for Respondent No.1 : Mr. Upadhye V.N. ...

CORAM : SUNIL K. KOTWAL, J.

DATE : 4th April, 2019 PER COURT :

Heard learned counsel for the applicant and learned counsel for respondent No.1.

2.

Learned counsel for respondent No.1 has given no objection to allow the applicants to withdraw the compensation amount except Rs.11,00,000/- with proportionate interest thereon. Considering the circumstances, the applicants are permitted to withdraw 50% amount of compensation out of the deposited compensation with proportionate interest accrued thereon, subject to filing of written undertaking within a period of eight weeks from the

2 CA 4629/19 date of passing of this order to deposit the withdrawn amount as and when directed by this Court. Remaining 50% amount shall be invested in fixed deposit in any Nationalized Bank till final hearing of the appeal. The Registrar [Judicial] to act accordingly.

2.

The Civil Application is accordingly allowed and disposed of.

( SUNIL K. KOTWAL, J. ) SRM/4/4/19