Kanchan Dnyanoba Shingare And ORS v. Bajaj Allianz General Insurance Co Ltd Through Its Divisional Manager And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 FIRST APPEAL NO. 4186 OF 2023 AND CIVIL APPLICATION NO. 3450 OF 2024 IN FA/4186/2023 AND CIVIL APPLICATION NO. 13797 OF 2023 IN FA/4186/2023 BAJAJ ALLIANCE GENERAL INSURANCE CO LTD THROUGH ITS MANAGER AUTHROISED SIGNATORY ....Appellant

VERSUS

KANCHAN DNYANOBA SHINGARE AND OTHERS .....Respondent Mr. M. R. Deshmukh, Advocate for the appellant Mr. Hamzakhan Pathan, Advocate for the respondent No.5 CORAM : KISHORE C. SANT, J.

DATE : 25th OCTOBER, 2024 P. C.

WITHDRAWAL 1.

Heard the parties.

2.

Though this court has not allowed the application for

(2) withdrawal of the amount, because of the grounds raised in the appeal, however, it appears that in spite of attempts this court could not take up the appeal for final disposal. It is also not certain as to within short period the appeal itself can be taken up for final disposal.

3.

Considering only this aspect, this court is inclined to allow the application partly. Hence, following order:

ORDER

a] The applicants are permitted to withdraw the amount of Rs.20 lakhs of the amount deposited by the insurance company-appellant in the office of this court on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this court. 4.

This court while allowing the application has not gone into the merits of the matter.

5.

The parties shall make endevour to dispose of the

(3) appeal at the earliest.

6.

With this, the application stands disposed off. APPEAL 1.

List the appeal on 11-12-2024.

[KISHORE C. SANT, J.] VishalK/902FA4186.23