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Bombay High CourtCA/8639/2022admittedallowedgrantedrule absolute

Ahmeda Bee Wd/O Nazir Shaikh And ORS v. The New India Assurance Company Ltd., Thr Its Div. Manager, Aurangabad And ORS

2022-08-30Hon'Ble Shri Justice S. G. Dige2 pages

8639.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO.8639 OF 2022 IN FIRST APPEAL NO.1568 OF 2012 AHMEDA BEE WD/O.NAZIR SHAIKH & OTHERS

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD. & OTHERS ...

Advocate for the applicants : Mr.Shrimant Mundhe Advocate for Respondent no.1 : Mr.Santosh B.Bhosale h/f. Mr.M.R.Deshmukh Advocate for respondent no.2 : Mr.V.H.Solanke ...

CORAM : S.G.DIGE, J.

DATE : 30.08.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned counsel for respondent nos.1 and 2. 2] The learned counsel for the applicants submits that this Court has permitted the applicants to withdraw Rs.70,000/- each earlier. At that time, applicant nos.6 and 7 were minors, now they have became major, they may be permitted to withdraw Rs.70,000/- each, as per the order passed by this Court.

3] The learned counsel for the respondents submits that this Court may pass appropriate order.

8639.22CA 4] Considering the submissions of all learned counsel as well as this Court has already permitted the applicants to withdraw Rs.70,000/- each, out of the deposited amount by respondents. At that time, applicant nos.6 and 7 were minors, now they have became major, hence, I pass the following order:-

ORDER

i] The application is allowed.

ii] Applicant nos.6 and 7 are permitted to withdraw Rs.70,000/- amount out of deposited amount by respondents on furnishing undertaking.

iii] Civil Application is disposed of accordingly. iv] List First Appeal No. 1568 of 2012 for final hearing on 19th October, 2022.

[S.G.DIGE] JUDGE DDC