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Bombay High CourtCA/10546/2016disposed offdismissed for default

Bheemashankar Balaji Jamge v. The New India Assurance Co. Ltd. And ORS

2016-07-29Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 CIVIL APPLICATION NO.10546 OF 2016 IN FAST/15016/2015 BHEEMASHANKAR BALAJI JAMGE

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS ...

Advocate for Applicant : Mr. Katneshwarkar S.P. Mr.AG. Kanade, Adv. For R/1 ...

CORAM : P.R. BORA, J.

Dated: July 29, 2016 ...

PER COURT :- 1) Heard learned Counsel for the applicant and learned counsel appearing for Respondent/Insurance Company.

2) Considering the contentions raised in the application for withdrawal of amount and the objections raised by the Insurance company in the memo of appeal in exception to the Award, I deem it appropriate to pass the following order, -

ORDER

i) The applicant is permitted to withdraw 50% of the amount deposited by the Insurance Company in this court on submitting an undertaking that in the event any adverse order is passed against him in the appeal, he will re-deposit the amount within four months of passing such order;

ii) Balance 50% amount be invested in a Fixed BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Deposit Receipts in any Nationalized Bank, initially for a period of three years and to be renewed if so required till disposal of the appeal.

iii) The Civil Application for withdrawal of the amount is partly allowed and disposed of.

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

BDV