Shashikant Suryakant Giri And ANR v. United India Insurance Co. Ltd. Thr Branch Manager, Aurangabad And ORS

47-CA-4717-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4717 OF 2023 IN FIRST APPEAL NO. 522 OF 2009 WITH FIRST APPEAL NO. 522 OF 2009 SHASHIKANT SURYAKANT GIRI AND ANOTHER

VERSUS

UNITED INDIA INSURANCE COMPANY LTD THR BRANCH MANAGER AURANGABAD AND OTHERS ...

Mr. E.P. Sawant - Advocate for Applicants Mr. A.B. Kadethankar - Advocate for Respondent No.1 Mr. A.B. Gaikwad - Advocate for Respondent Nos.2 and 3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th April, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of remaining amount of compensation alongwith the interest accrued thereon.

3.

The learned counsel for the respondent no. 1 - Insurance Company strongly opposed the application on the ground that, substantial amount of Rs.1,00,000/- is already to be withdrawn by the applicants.

1/2

47-CA-4717-2023 4.

However, the appeal is of year - 2009 and the earlier withdrawal order was passed on 25th September, 2009. Therefore, considering the time lapsed after the said order the applicants are permitted to withdraw further 50% amount of the balance amount alongwith the proportionate accrued interest thereon till date on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5.

The remaining amount be kept in F.D.R. in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. FIRST APPEAL NO. 522 OF 2009 7.

By consent the appeal is fixed for final hearing on 25th September, 2023.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

2/2