Tulsabai Yashwant Wable And ORS v. Hdfc Ergo General Insurance Co. Ltd. And ANR

913 ca 10135.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 10135 OF 2016 IN FA/2911/2016 TULSABAI YASHWANT WABLE AND ORS

VERSUS

HDFC ERGO GENERAL INSURANCE CO. LTD. AND ANR ...

Advocate for Applicants : Dhage Hemant U Advocate for Respondents : Mandar Deshmukh h/f. S.g. Chapalgaonkar For R/1 ...

CORAM : P.R. BORA, J.

DATE : 06-10-2016.

Per Court :

1.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent-insurance company. Considering the contentions raised in the application for withdrawal of the amount and the grounds of objections raised in the memo of the appeal raised by the insurance company in exception to the amount awarded, I deem it appropriate to pass the following order:

ORDER

i) The applicants are permitted to withdraw 25% of the deposited amount on furnishing solvent surety in the like amount to the satisfaction of the Registrar (Judicial) of this court.

ii) The applicants are permitted to withdraw further 25% of the deposited amount on furnishing bank guarantee

913 ca 10135.16.odt of Nationalised Bank or Scheduled Bank in the like amount.

iii) Balance amount be invested in any Nationalised Bank initially for a period of two years, if so required for a further period till disposal of the appeal. Civil application stands disposed of.

iv) Hearing of the appeal is expedited. Call for record and proceedings.

(P.R. BORA) JUDGE mub