Vishnu Pandurang Mundhe v. Iffco Tokyo General Insurance Co. Ltd., Thr The Branch Manager, Aurangabad And ORS

1 7435.2018CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

906 CIVIL APPLICATION NO.7435 OF 2018 IN FIRST APPEAL NO. 2065 OF 2018 VISHNU PANDURANG MUNDHE .. Applicant

VERSUS

IFFCO TOKYO GENERAL INSURANCE CO. LTD., THR THE BRANCH MANAGER, AURANGABAD & ORS ..Respondents ...

Advocate for applicant : Shri A.D. Aghav Advocate for Respondent No.1 : Shri S.G. Chapalgaonkar .....

CORAM : P.R. BORA, J.

Dated: August 24, 2018 PER COURT :

1.

Heard the learned Counsel for the applicant and the learned Counsel appearing for the respondent - Insurance Company.

2.

The appeal filed by the Insurance Company is yet to be admitted. After hearing the learned Counsel appearing for the parties and on perusal of the application for withdrawal of the amount as well as the grounds of objections raised in exception to the impugned Judgment, I deem it appropriate to pass the following order.

2 7435.2018CA.doc

ORDER

(i) The applicant is permitted to withdraw 50% of the deposited amount on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. (ii) Balance amount be invested in Fixed Deposit Receipt in any nationalized Bank initially for the period of two years, and if so required, till disposal of the appeal. (iii) Civil Application for withdrawal of amount stands disposed of.

(iv) The appeal be listed for admission after four weeks. ( P.R. BORA, J. ) ggp