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Bombay High CourtCA/10402/2019disposed offdismissed for default

Shahaji Bhivaji Kamble And ANR v. Iffco Tokyo General Insurance Co. Ltd., Thr Its Branch Manager, Latur And ORS

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

1066-ca-10402-19 (withdrawal).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1066 CIVIL APPLICATION NO.10402 OF 2019 IN FA/1269/2019 SHAHAJI BHIVAJI KAMBLE ANDANR

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. Syed Parvez Syed 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 amount. Amount of Rs.24,47,799/- 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 applicants are allowed to withdraw amount of Rs.6,00,000/- each subject to filing an undertaking within a period of eight weeks that they would make the said amount good,

1066-ca-10402-19 (withdrawal).doc if directed at the time of final disposal of the appeal. 2.

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