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Bombay High CourtCA/6724/2020disposed off

Madhukar Mohanrao Iname And ANR v. Icici Lombard General Insurance Co. Ltd

2020-11-02Hon'Ble Shri Justice V.K. Jadhav2 pages

{1} ca672420.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6724 OF 2020 IN FIRST APPEAL NO.1576 OF 2012 Madhukar s/o Mohanrao Iname Applicant

Versus

ICICI Lombard General Insurance Co.Ltd.

and another Respondents Mr.M.N.Shaikh, advocate holding for Mr.S.S.Kazi, advocate for the applicant.

CORAM : V.K.JADHAV, J.

DATE : 02nd November, 2020.

PC :

Heard learned Counsel for the applicant. None present for the Respondent-Insurer though copy of this application is served on the Insurance Company. It appears that by order dated 01st July, 2019, this Court (Coram: Smt. V.V.Kankanwadi, J.) has disposed of First Appeal No.1576 of 2007, by confrming the judgment and award passed by the trial Court. During the pendency of the appeal, Respondent-Insurer has deposited an amount of Rs.3,48,653/- and the applicant has withdrawn an amount of Rs.2,85,000/-. It appears that an amount of Rs.63,653/- and statutory deposit of

{2} ca672420.odt Rs.25,000/- is still lying before this Court, as mentioned in para 6 of the Civil Application.

In view of the above, the applicant-original claimant is permitted to withdraw the said amount along with accrued interest, if any.

Civil Application is allowed in terms of prayer clause "B" and disposed of accordingly.

(V.K.JADHAV) JUDGE adb