Rashid Mohiddin Tamboli v. Ganpat Vishwanath Bhosale And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.5458 OF 2018 IN FA/34/2018 RASHID MOHIDDIN TAMBOLI

VERSUS

GANPAT VISHWANATH BHOSALE AND ANR ...

Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar Mr. D. P. Deshpande, Adv. For R/2.

----- CORAM : P.R.BORA, J.

DATE :

rd August,2018.

PER COURT :

1) Heard learned counsel for applicant and learned counsel appearing for appellant insurance company.

Perused the application and the impugned judgment.

2) Considering the averments in the application for withdrawal of the amount and having regard to the objections raised in the memo of appeal taking exception to the impugned judgment, I deem it appropriate to pass the following order, -

ORDER

i) The applicant is permitted to withdraw a sum of Rs.5,00,000/- (Rupees five lakhs) out of the deposited amount, on submitting an undertaking to the satisfaction of the Registrar of this Court.

ii) Balance amount be invested in Fixed Deposit Receipt in any nationalized Bank, initially for the period of two years and if so required, for the further period till disposal of the appeal.

Iii) The Civil Application stands disposed of.

(P.R.BORA) JUDGE bdv/