Vidya Raviraj Nikam And ORS v. Branch Manager New India Assurance Co. Ltd., Ahmednagar

1 11247.2018CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

907 CIVIL APPLICATION NO.11247 OF 2018 IN FAST/16709/2018 VIDYA RAVIRAJ NIKAM AND ORS ..Applicants

VERSUS

BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., AHMEDNAGAR ..Respondent ...

Advocate for Applicants : Shri P.L. Paswan Advocate for Respondent : Shri M.R. Deshmukh. ...

CORAM : P.R. BORA, J.

Dated: September 05, 2018 PER COURT :

1.

Heard Shri P.L. Paswan the learned Counsel appearing for the applicants and Shri M.R. Deshmukh the learned Counsel appearing for the respondent - Insurance Company. Perused the impugned Judgment and the grounds of objections raised in exception to the said Judgment in the memo of appeal. In view of the above, I deem it appropriate to pass the following order.

ORDER

(i) The application is partly allowed.

(ii) The applicants are permitted to withdraw a sum of Rs.10,00,000/- on submitting an undertaking to the satisfaction

2 11247.2018CA.doc of the Registrar of this Court. The balance amount be invested in Fixed Deposit Receipt in any nationalized Bank for the period till disposal of the appeal.

(iii) Civil Application stands disposed of.

( P.R. BORA, J. ) ggp