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Bombay High CourtCA/7967/2019disposed offdismissed for default

Anita Raosaheb Sabale And ANR v. Pramila Sunil Pawar And ORS

2019-07-12Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

995-ca-7967-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 995 CIVIL APPLICATION NO.7967 OF 2019 IN FAST/20091/2018 ANITA RAOSAHEB SABALE AND ANR

VERSUS

PRAMILA SUNIL PAWAR AND ORS ...

Advocate for Applicants : Mr. Humbe Vilas M.

Advocate for Respondent No.1 & 2 : Mr. S. D. Tawshikar Advocate for Respondent No.3 : Mr. S. G. Chapalgoankar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 12th JULY 2019 ORDER :

.

Present application has been filed for withdrawal of the amount. Amount of Rs.9,75,886/- has been deposited by respondent No.3. Learned Advocate for respondent No.3 has strong objection for withdrawal of the amount by the applicants contending that the appeal has been filed on the ground of subsequent involvement of the vehicle insured with it in view of the collusion between the owner and driver of the vehicle.

2.

Taking into consideration the point involved, so also, from the evidence that has been led, case is made out for partial withdrawal of the amount.

995-ca-7967-19.doc 3.

Applicants are allowed to withdraw amount of Rs.2,00,000/- each subject to giving an undertaking that they would make the said amount good, if directed at the time of final disposal of the appeal.

4.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/