Waman Sambhaji Panchal v. The Oriental Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ANR

( 1 ) ca3924.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.3924 OF 2020 IN FAST/30449/2019 WAMAN SAMBHAJI PANCHAL

VERSUS

THE ORIENTAL INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD AND ANR Mr.Shrimant Mundhe, Advocate for the applicant. Mr.A.S. Deshpande, Advocate for respondent No.1. CORAM : N.J.JAMADAR,J.

DATE :

02.03.2021 PC :- 01.

Heard learned Counsel for the applicant and learned Counsel for respondent No.1-insurer.

02.

The applicant seeks withdrawal of the amount deposited by respondent No.1-insurer in pursuance of judgment and award dated 09.04.2019 in MACP No.384 of 2012.

03.

The learned Counsel for respondent No.1 resisted the prayer on the ground that there is substantive defence of breach of conditions of insurer.

04.

Having regard to the quantum of amount and averments in the application, the prayer for withdrawal

( 2 ) ca3924.20 is justifiable.

Hence, following order :- The application stands allowed.

The applicant is entitled to withdraw 75% of the amount of the compensation, deposited by respondent No.1, on submission of an undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca3924.20