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Bombay High CourtCA/9028/2023admittedallowedgrantedrule absolute

Branch Manager, Icici Lombard G I C Ltd v. Radha Prakash Jadhav And Others

2023-11-03Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO.12070 OF 2023 IN FA/3456/2023 WITH CA/9028/2023 IN FA/3456/2023 SMT RADHA WO PRAKASH JADHAV AND ANOTHER

VERSUS

DATTATRYA SO LAXMAN KARHALE AND 2 OTHERS ...

Advocate for Applicants : Mr. Usmanpurkar Aniruddha S. Advocate for Respondent No.3 : Mr. A. G. Choudhari ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

03/11/2023 PER COURT :

1.

Heard the learned Advocate for the respective parties. The appeal is filed by the Insurance Company.

2.

Civil Application No.12070 of 2023 is filed for withdrawal of amount. The applicants are permitted to withdraw entire 50% deposited amount along with accrued interest thereon subject to filing of undertaking to the satisfaction of the Registrar (Judicial) of this Court.

3.

Upon such undertaking is produced, the Registrar (Judicial) to disburse the amount as directed above. The civil application is disposed of accordingly.

4.

In civil applications filed for Stay, the learned Advocate for the appellant submits that the amount has been deposited in this Court as

923 CA 12070-2023 per the directions of this Court. In view of the same, the Stay order passed by this Court dated 23/08/2023, is confirmed. The application filed for Stay stands disposed of. 5.

The appeal is Admitted.

6.

After admission, the learned Advocate Mr. A. S. Usmanpurkar waives service of notice on behalf of respondents No.1 and 2. ( ARUN R. PEDNEKER, J. ) vj gawade/-.