Dnyaneshwar Kautik Pandit v. Somnath Laxman Ghadge And ORS

7405.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.7405 OF 2020 IN FIRST APPEAL NO.2069 OF 2008 ...

DNYANESHWAR KAUTIK PANDIT

VERSUS

SOMNATH LAXMAN GHADGE & OTHERS ...

Mrs.Vaishali A. Shinde [More], Advocate for the applicant.

...

CORAM : V.L.ACHLIYA,J.

DATE : 03.02.2021 P.C.

1] The applicant has moved this application seeking withdrawal of the amount deposited by the appellant - Insurance Company for the reasons set out in detail in the application.

2] In brief, it is the contention of the learned counsel for the applicant that appeal filed by the appellant - Insurance Company was heard and disposed of vide order dated 12.02.2018 passed by this Court [Coram : M.S.Sonak, J.], the Court has dismissed the appeal on reaching to the

7405.20CA.odt conclusion that appeal preferred is devoid of merits. In view of disposal of the appeal and deposit of amount with this Court, the applicant has preferred this application.

3] On due consideration of the submissions advanced and Appeal being disposed of, I am of the view that the application deserves to be allowed. The application is allowed in terms of prayer clause-B. The amount, if any, deposited and available with the Court be paid to the applicant together with interest accrued thereon till the date of payment.

4] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC