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Bombay High CourtCA/7680/2019disposed off

Vimal Madhukar Varpe And ORS v. The New India Assurance Co. Ltd., Thr Its Manager And ANR

2021-02-08Hon'Ble Shri Justice V.L. Achliya2 pages

(1) ca7680.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATIO+N NO.7680 OF 2019 IN FA/2521/2019 VIMAL MADHUKAR VARPE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS MANAGER ANDANR Mr. S. T. Mahajan, Advocate h/f Mr. B. R. Warmaa, Advocate for the applicants Mr. S. R. Bodade, Advoacte for respondent No.1 CORAM :

V. L. ACHLIYA, J.

DATE :

08-02-2021 P. C.

.

This is a second application filed by the applicants seeking withdrawal of amount deposited by the insurance company. 2.

Heard learned counsel for the applicants and learned counsel representing the appellant/insurance company. 3.

In brief, it is the contention of the learned counsel for the applicants that while passing earlier order dated 19-12-2017, an amount of Rs. 10,00,000/- has been allowed to be withdrawn out of Rs. 50,00,000/- deposited in this court. The applicants are in need of more amount to meet their requirements. 4.

Learned counsel for the appellant opposed the

(2) ca7680.19 application with contention that the earlier order dated 19-12-2017 [Coram: K. L. Wadane, J.] has been passed after due consideration of challenge raised in the appeal.

5.

Considering the challenge raised in the appeal and the order dated 19-12-2017 allowing the withdrawal of amount passed after hearing the parties, I am of the view no case is made out to entertain the application. The application is rejected. 6.

Hearing of the appeal is expedited. By consent, list the appeal for final hearing on 01-03-2021.

[ V. L. ACHLIYA, J. ] VishalK/ca7680.19