Nitin Shivaji Karkhile v. The New India Assurance Co Ltd. And ORS

914-CA-8738-2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.8738 OF 2012 IN CA/11682/2011 IN FAST/17554/2011 NITIN SHIVAJI KARKHILE AND ORS.

VERSUS

THE NEW INDIA ASSURANCE CO LTD.

....

Advocate for Applicants : Mr. A.M. Gholap Advocate for Respondent No.1 : Dhananjay P. Deshpande Advocate for Respondent No.2 and L.Rs. of Respondent No.2 : Mr. D.R. Markad ....

CORAM : P.R. BORA, J.

DATED : 08th FABRUARY, 2019 PER COURT:- 1.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent-insurance company 2.

For the reasons stated in the application, the order passed by this Court on 05.10.2011 in CA No.11682/2011 is modified to the extent that the entire 50% amount permitted to be withdrawn by the applicant is permitted to be withdrawn on the same surety, which is already furnished while withdrawing the 25% of the amount.

3.

Civil Application stands disposed of.

( P.R. BORA ) JUDGE Sudhir Rane