Varsha Somnath @ Mahesh Poul And ORS v. Hdfc Ergo General Insurance Co. Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.11310 of 2016 7 CIVIL APPLICATION NO. 11310 OF 2016 IN FA/1364/2016 VARSHA SOMNATH @ MAHESH POUL AND ORS

VERSUS

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

Advocate for Applicants : Mr.Veer Shrikant T. Mr.Deshmukh h/f Mr.S.G. Chapalgaonkar, Adv., for respondent No.1 ...

CORAM : P.R. BORA, J.

Dated: September 16, 2016 ...

PER COURT :- 1.

Heard learned Counsel appearing for the applicant and learned Counsel appearing for respondent Insurance Company.

2.

Considering the averments made in the application for withdrawal of the amount and the objections raised by the appellant Insurance Company in exception to the impugned award, I deem it appropriate to pass the following order:

ORDER

1.

At present, the applicants are permitted to withdraw a sum of Rs.13,00,000/- ( Rs. thirteen lacs) on AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.11310 of 2016 submitting an undertaking that in the event any adverse order is passed, they will re-deposit the amount so withdrawn by them within four months of passing of such order. The balance amount to be invested in a Fixed Deposit Receipt in any Nationalized Bank for a period till disposal of the appeal. Application disposed of. 2.

Call for R & P. The hearing of the appeal is expedited. S.O. to 14.10.2016.

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

AGP/-