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Bombay High CourtCA/6459/2019disposed offdismissed for default

Jaishri Datta Khodve And ORS v. National Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ANR

2019-06-07Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.6459 OF 2019 IN FA/2290/2018 NATIONAL INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD

VERSUS

JAISHRI DATTA KHODWE AND ORS ...

Mr. A.D. Gade & Mr. S.J. Salunke, Advocates for the applicants Mr. S.V. Kulkarni, Advocate for the respondent No.1 ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

07th JUNE, 2019 PER COURT :

Present application has been filed for the withdrawal of the amount deposited. As per the Award total amount of Rs.11,62,240/- was awarded as a compensation together with interest @ 7% per annum. As per the order of this Court, the Insurance company-respondent No.1 has deposited amount of Rs.18,68,510/-. Since the quantum is also challenged it would be in the interest of both the parties to allow partial withdrawal only. Applicant Nos.3 and 4 are allowed to withdraw amount of Rs.1,00,000/- each and applicant No.1 is allowed to withdraw amount of Rs.2,00,000/- out of the said deposited amount. Applicant Nos.1, 3 and 4 to submit

CA_6459_2019 undertaking to this Court within 15 days stating that in case the appeal is allowed then they will make good the said amount which has been withdrawn by them. With these observations application stands disposed of. ( Smt. Vibha Kankanwadi, J. ) agd