Shobha Arjun More And ORS v. Maruti Shivling Chungadi And ANR

{1} 928 CA 8906 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 8906 OF 2018 IN FA/1428/2018 SHOBHA ARJUN MORE AND ORS.

VERSUS

MARUTI SHIVLING CHUNGADI AND ANR.

...

Advocate for Applicants : Shri D.A.Mane h/f.

Shri Nagesh G.Talekar Advocate for Respondent No.2: Shri A.S.Usmanpurkar ...

CORAM : P.R. BORA, J.

Date: July 17, 2018 ...

PER COURT :- Heard learned Counsel for the applicants and learned Counsel appearing for the Insurance Company.

Applicants are seeking withdrawal of the amount deposited by the Insurance Company in this Court in pursuance of the order passed by this Court. It is informed that total sum of Rs.8,58,693/-has been deposited by the Insurance Company in this Court.

The learned Counsel for the applicants submits that applicant No.1 has to undergo some surgery and for that she is in need of the amount. Though in the application, there is no such averments,

{2} 928 CA 8906 of 2018 the learned Counsel for the applicants has submitted the aforesaid fact on instructions of the applicants. There are five minor applicants. Their interest has to be protected. However, as the applicant No.1 is in dire need of money, I deem it appropriate to pass the following order:-

ORDER

I) The applicant No.1 is at present permitted to withdraw a sum of Rs.4,00,000/- from the deposited amount on submitting undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

II) Application stands disposed of.

( P.R. BORA, J. ) ...

SPT