Devidas Machindra Waykar v. The New India Assurance Company Ltd.Thr Its Senior Div. Manager Sanjeev Gaisamudre And ANR

(Order) (1) C.A. No. 05147 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 05147 of 2019 (In First Appeal No. 0311 of 2011) District : Beed Devidas s/o. Machindra Waykar.

.. Applicant versus The New India Assurance Company Ltd., Aurangabad, Through its Senior Divisional Manager, Mr. Sanjeev Gaisamudre & another.

.. Non-applicants ...........

Mr. D.J. Choudhary, Advocate, for the applicant. Mr. V.N. Upadhye, Advocate, for non-applicant no.01. ...........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 17TH OCTOBER 2019 ORDER :

01.

By the present application, the applicant - original claimant seeks withdrawal of the amount that was deposited by the appellant - Insurance Company in this Court pursuant to the orders passed on 04-032011 and 04-07-2012. 02.

Pursuant to the aforesaid orders, the appellant - Insurance Company has deposited amount of Rs. 1,86,755/- in this Court.

(Order) (2) C.A. No. 05147 of 2019 03.

In view of the fact that the appeal filed by the Insurance Company is dismissed, the applicant is entitled to withdraw the amount which was deposited by the Insurance Company.

04.

Hence, the application is allowed. The applicant - original claimant is allowed to withdraw the amount that was deposited by the appellant - Insurance Company, along with accrued interest thereon. Registry to transmit the said amount to the concerned Tribunal, so as to facilitate the original claimant to withdraw the amount from the Tribunal. ( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / CA5147.19