Nuzhat Begum Shaikh Sultan And ORS v. The New India Assurance Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.8292/2016 927 CIVIL APPLICATION NO. 8292 OF 2016 IN FA/3171/2015 NUZHAT BEGUM SHAIKH SULTAN AND ORS

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD. AND ORS ...

Advocate for Applicants : Mr.Ghatge Mahesh V. Mr.V R Mundada, Adv. for R/1 ...

CORAM : P.R. BORA, J.

Dated: October 14, 2016 ...

PER COURT :- 1.

Heard Shri Ghatge, learned Counsel for the applicant, and Shri Mundada, learned Counsel appearing for respondent Insurance Company i.e. the appellant. 2.

Considering the averments made in the application for withdrawal of the amount and having regard to the objections raised by the Insurance Company in exception to the impugned judgment, I deem it appropriate to pass the following order:

ORDER

1.

The applicant no.1 is at present permitted to withdraw a sum of Rs.5,00,000/- (Rs.five lacs) from the deposited amount on submitting an undertaking that in the AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD event any adverse order is passed in the appeal, the (2) CA NO.8292/2016 applicant no.1 shall redeposit the amount so withdrawn by her within four months of passing of such order along with interest. Balance amount be invested in a Fixed Deposit Receipt in any Nationalized Bank initially for a period of two years and, if required, for further period till disposal of the appeal. Civil Application for withdrawal of amount is allowed accordingly.

(P.R. BORA, J.) ...

AGP/-