← Library
Bombay High CourtCA/10400/2019disposed offdismissed for default

Babita W/O Shankar @ Datta Khirsagar v. Iffco Tokyo General Insurance Co. Ltd., Thr Its Branch Manager, Latur And ORS

2019-08-30Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1064-ca-10400-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1064 CIVIL APPLICATION NO.10400 OF 2019 IN FA/1268/2019 BABITA W/O SHANKAR @ DATTA KHIRSAGAR

VERSUS

IFFCO TOKYO GENERAL INSURACE CO. LTD., THR ITS BRANCH MANAGER, LATUR AND ORS ...

Advocate for Applicant : Mr. Shinde-Borolkar Ram S. Advocate for Respondent No.1 : Mr. V.N. Upadhye Advocate for Respondent No.5 : Mr. Sayed Parvez Sayed Gani Advocate for Respondent No.6 : Mr. S.G. Chapalgaonkar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 30th AUGUST, 2019 ORDER :

.

Present application has been filed for withdrawal of the amount. Amount of Rs.43,280/- has been deposited apart from the statutory amount. The appeal has been filed challenging the involvement of the vehicle, belated F.I.R. and in the alternative the case ought to have been considered as of composite negligence. Therefore, taking into consideration the interest of both the parties, the applicant is allowed to withdraw amount of Rs.40,000/- subject to filing an undertaking within a period of eight weeks that he would make the said amount good, if directed

1064-ca-10400-19.doc at the time of final disposal of the appeal.

2.

Civil Application stands disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM