Anita Karbhari Pandit And ORS v. The National Insurance Co. Ltd. Thr Its Divisional Manager, Aurangabad And Another

103-CA-5509-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5509 OF 2021 IN FIRST APPEAL NO. 4381 OF 2016 Anita Karbhari Pandit and Others ..APPLICANT

VERSUS

The National Insurance Co. Ltd.

and Another ..RESPONDENTS ....

Mr. A.P. Avhad, Advocate for applicant Mr. S.G. Chapalgaonkar, Advocate for respondent no.1 ....

CORAM : R.G. AVACHAT, J.

DATE : 19th JULY, 2021 PER COURT :

1.

Heard.

2.

The applicant had been permitted to withdraw 25% of the amount under award vide order dated 05th May, 2017 passed in Civil Application No. 6498 of 2017.

3.

Learned counsel for the acquiring body strongly objects for fruther withdrawal of amount.

1 / 2

103-CA-5509-21.odt 4.

I have perused the impugned award and averments in the application and come to the conclusion that the applicant needs to be permitted to withdraw 25% more amount.

5.

In view of above, application is partly allowed. The applicant is permitted to withdraw 25% of the amount under award deposited in this Court on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

( R.G. AVACHAT, J. ) SSD 2 / 2