Santoshila Bibhishan Gaikwad And ORS v. Dipak Bharat Nagarsoge And ANR

2024:BHC-AUG:20192 971-CA-9263-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9263 OF 2024 IN FAST/38266/2023 Santoshila Bibhishan Gaikwad And Ors

VERSUS

Dipak Bharat Nagarsoge And Anr *** • Mr. M. D. Shinde, Advocate for Applicants • Ms. Saloni Kataria h/f Mr. R. F. Totala, Advocate for Respondent No. 2 (VC) ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

1.

This application is for withdrawal of the amount of compensation deposited by the Appellant in this Court.

2.

Application is vehemently opposed by the learned Advocate for the Insurance Company/Appellant. 3.

Considering judgment of the Trial Court and the facts of the case, following order:

O R D E R

(a) Application is allowed.

(b) Applicants are permitted to withdraw 50% of Umesh

971-CA-9263-2024.odt the deposited amount with accrued interest on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court.

(c) Further amount of 25% is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

(d) Remaining amount be kept in fixed deposit in any nationalized bank to be renewed periodically pending Appeal.

(KISHORE C. SANT, J.) Umesh