Ujawala Jagdish Kulkarni And ORS v. Cholamandalam General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7307 OF 2020 IN FIRST APPEAL NO.1670 OF 2020 ...

UJAWALA W/O. JAGDISH KULKARNI & ANOTHER

VERSUS

CHOLAMANADALAM MS GENERAL INSURANCE COMPANY LTD.

...

Mr.S.S.Manale, Advocate for the respondent nos.1 and 2.

Mr.S.G.Chapalgaonkar, Advocate for the respondent no.1.

...

CORAM : V.L.ACHLIYA,J.

DATE : 02.12.2020 P.C.

1] The applicants-claimants have moved this application seeking withdrawal of the amount deposited by the appellant-Insurance Company.

2] Heard learned counsel for the applicants-claimants and learned counsel representing appellant-Insurance Company.

Perused the award passed by the Tribunal.

3] On due consideration of the submissions advanced in the light of

challenge raised in Appeal, I am of the view that the following order will meet the ends of justice :

ORDER

i] The applicants are permitted to withdraw the amount to the extent of 60% deposited amount on furnishing written undertaking to effect that in the event the award is set aside / modified by this Court the applicants shall re-deposit the amount within eight [8] weeks from the date of passing of the order.

ii] The withdrawal of the amount shall be subject to final outcome of the Appeal.

iii] After making payment to the extent of 60% deposited amount, the balance amount be invested in Fixed Deposit initially for a period of two years with any Nationalized Bank with standing instructions to renew the same till final disposal of the Appeal.

iv] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC