Ramesh Baburao Tathe v. Reliance General Insurance Company, Thr Its Manager And Others

913-CA-4373-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4373 OF 2021 IN FAST/34275/2015 RAMESH BABURAO TATHE

VERSUS

RELIANCE GENERAL INSURANCE COMPANY, THR ITS MANAGER ...

Advocate for Applicant :Mr. Bhushan B. Kulkarni Advocate for Respondent : Mr. Rohit H Dahat ...

CORAM :

ANIL S. KILOR, J.

DATE : 8th APRIL, 2021 PER COURT :- This is an application moved by applicant-claimant for withdrawal of amount deposited by appellant-Insurance company. 2.

Heard respective counsels appearing for the parties. 3.

In the application, the applicant-claimant mentioned that he is in need of amount granted by the learned Tribunal towards compensation, therefore, he may be permitted to withdraw the same.

4.

Though, the insurance company is served, no reply to the application for withdrawal of amount has been filed, opposing the prayer of claimant. However, learned counsel appearing for respondent-Insurance Company orally opposed the application and submits that in case the insurance company succeeds in the present matter, it will be difficult for the Insurance Company to recover the amount from the claimant.

913-CA-4373-21.odt 5.

After considering the contents of application, I am of the opinion that, the cause of justice will be subserved, if the applicant-claimant is permitted to withdraw 50% of the total amount, with an undertaking that, in case Insurance Company succeeds in the present matter and this Court directs the applicantclaimant to repay the amount back, he will deposit the amount so withdrawn within stipulated period.

6.

Civil application is allowed in above terms and is disposed of accordingly.

( ANIL S. KILOR ) JUDGE mtk