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Bombay High CourtCA/10646/2016rejected at admission stage

Bhagwan Alias Appasaheb Haribhau Wayal v. New India Assurance Co Ltd. Thr Its Auth. Signatory Vishwas Bansi Gaikwad And ANR

2016-08-10Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.10646/2016 19 CIVIL APPLICATION NO. 10646 OF 2016 IN FA/501/2010 BHAGWAN ALIAS APPASAHEB HARIBHAU WAYAL

VERSUS

NEW INDIA ASSURANCE CO LTD. THR ITS AUTH.

SIGNATORY VISHWAS BANSI GAIKWAD AND ANR ...

Advocate for Applicant : Mr.Bagal Vishal A.

Mr.Dhananjay Deshpande, Adv., for respondent no.1. Mr. S.S.Kazi, Advocate for Respondent no.2.

...

CORAM : P.R. BORA, J.

Dated: August 10, 2016 ...

PER COURT :- 1.

By filing the present application, the applicants are seeking withdrawal of amount of Rs.25,000/- deposited by the appellant Insurance Company as a statutory requirement while filing the present appeal. Learned Counsel appearing for the respondent Insurance Company submitted that while granting stay for execution of the impugned award, the Insurance Company was directed by this Court to deposit a sum of Rs.1,20,000/- and same was accordingly deposited by the Insurance Company. Learned Counsel further submits that the entire said amount has already been withdrawn by the present claimant. Learned Counsel submits that the order was passed on 13th of April, 2009, thereby permitting the present claimants to withdraw the aforesaid AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.10646/2016 amount.

In view of the above, the request made in the present application cannot be considered. The application is rejected.

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

AGP/-