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Bombay High CourtCA/5932/2025admittedallowedgrantedrule absolute

Gangabai Baliram Nakhate And ORS v. The New India Assurance Compnay Ltd Through Its Manager And ANR

2025-06-13Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:14991 923-CA.5932-25 (withdrawal).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 5932 OF 2025 IN FAST/7876/2024 GANGABAI BALIRAM NAKHATE AND ORS

VERSUS

THE NEW INDIA ASSURANCE COMPNAY LTD THROUGH ITS MANAGER AND ANR ...

Advocate for Applicants : Mr. Khadap Rahul Dattoba. Advocate for Respondent/s : Mr. Aniruddha S. Usmanpurkar. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.06.2025 PER COURT :- 1.

Applicants are claiming withdrawal of amount deposited by the respondent/insurance company. Respondent/insurance company has deposited Rs.21,55,094/- and statutory deposits of Rs.25,000/-. For the reasons stated in the application, the applicants are in need of money.

2.

Considering rival submissions of the parties, I am of the view that it is desirable to permit applicants to withdraw 60% of the amount on certain conditions.

3.

Civil application is partly allowed by permitting the applicants to withdraw 60% of the amount on furnishing usual undertaking. Balance amount shall be invested to fixd deposit. (SHAILESH P. BRAHME, J.) ...

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