Jamwantabai Pandurang Deshmukh v. The New India Assurance Co. Ltd., Thr Its Divisional Manager, Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.8915 OF 2018 IN FAST/13359/2018 JAMWANTABAI PANDURANG DESHMUKH

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS DIVISIONAL MANAGER, AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Mayure Pramod C Mr. DP Deshpande, Adv. For Resp.No. 1 Mr. MS Deshpande, Adv. For Resp.Nos. 2 & 3;

Mr. SN Deshmukh, Adv. For Resp.no.4 ...

CORAM : P.R. BORA, J.

Dated: September 28, 2018 ...

PER COURT :- 1.

Heard Shri Mayure, learned counsel for applicant and learned counsel Shri Deshpande, learned counsel for the insurance company.

2.

Considering the averments in the application for withdrawal of the amount and having regard to the objections raised in the memo of appeal taking exception to the impugned judgment, I deem it appropriate to pass the following order, -

ORDER

i.

The applicant is permitted to BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD withdraw 25% of the deposited amount along with the interest accrued thereon on submitting an undertaking to the satisfaction of this court.

ii) Balance 75% amount be invested in Fixed Deposit Receipt in any nationalized Bank, initially for the period of two years and if so required, for the further period till disposal of the appeal.

iii) The Civil Application stands disposed of.

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

BDV