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Bombay High CourtCA/7690/2019disposed offdismissed for default

Gangadhar Bhimrao Giri v. Bajaj Allianz General Insurance Co. Ltd., Thr Its Manager, Aurangabad And ORS

2019-07-19Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1030-ca-7690-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1030 CIVIL APPLICATION NO.7690 OF 2019 IN FAST/14351/2019 GANGADHAR BHIMRAO GIRI

VERSUS

BAJAJ ALLIANZ GENERAL INSUANCE CO. LTD., THR ITS MANAGER, AURANGABAD AND ORS ...

Advocate for Applicant : Mr. Dhakane Rajendra B. Advocate for Respondent No.1 : Mr. S. G. Chapalgoankar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 19th JULY 2019 ORDER :

.

Present application has been filed for withdrawal of the amount. Amount of Rs.10,65,257/- has been deposited by present respondent No.1. The learned Advocate for respondent No.1 has objection to allow the applicant to withdraw the amount on the ground that the quantum that has been awarded by the learned tribunal is disproportionate to the disability that has been allegedly sustained by the applicant.

2.

Taking into consideration the point in the appeal, so also the fact that the competent Court has come to a certain conclusion, case is made out for partial withdrawal of the amount.

1030-ca-7690-19.doc 3.

Applicant is allowed to withdraw amount of Rs.4,00,000/- subject to giving an undertaking that he would make the said amount good, if directed at the time of final disposal of the appeal. 4.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/