Reliance General Insurance Co. Thr Its Manager v. Minakshi Babanrao Auti And ORS

945 ca 14380.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 14380 OF 2016 IN FAST/10744/2016 WITH CA/5117/2016 IN FAST/10744/2016 MINAKSHI BABANRAO AUTI AND ORS

VERSUS

PANCHRATNA TOURS AND TRAVELS THR CHATAN B. PAWAR AND ANR ...

Advocate for Applicants : Shaikh Mazhar A. Jahagirdar Advocate for Respondents :S. S. Patil For R/2 ...

CORAM : P.R. BORA, J.

DATE : 26-10-2016.

P.C. :

1.

For the reasons stated in the application, which according to me are just and sufficient, delay of 19 days is condoned. Appeal be registered in accordance with law. Civil application stands disposed of.

2.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the insurance company. Having regard to the contentions raised in the application for withdrawal of the amount and the grounds of objection raised in the memo of the appeal in the impugned judgment. I deem it appropriate to pass the following order.

ORDER

i) The applicants are at present permitted to withdraw a sum of Rs. Twenty Eight Lakhs from the deposited amount on submitting an undertaking that in the event

945 ca 14380.16.odt any adverse order is passed they will re-deposit the amount so withdrawn by them within four months of passing such order.

ii) Balance amount shall be invested in F.D.R. in any nationalised bank initially for a period of two years, if so required for a further period till disposal of the appeal. 3.

Issue notice of final disposal to the respective parties. Learned counsel waives for respondent nos. 1 to 4. Call for record and proceedings.

4.

Place the matter for final disposal at admission stage on 07.12.2016.

(P.R. BORA) JUDGE mub