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Bombay High CourtCA/1914/2023disposed off

Sonali @ Dnyaneshwari Rajendra Netake v. The New India Assurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR

2023-03-16Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 944 ca 1914-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.1914 OF 2023 IN FA/1191/2019 SONALI @ DNYANESHWARI RAJENDRA NETAKE

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. S. S. Sarda h/f Mr. S. S. Bora Advocate for Respondent No.1 : Mr. M. R. Deshmukh ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 16/03/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the insurance company alongwith the interest accrued thereon. 3.

The learned counsel for the insurance company pointed out that in other appeal arising out of same accident, this court has granted withdrawal of 60% of the deposited amount. 4.

In view of the same, applicant is permitted to withdraw 60% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

2 944 ca 1914-23 5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of this appeal. 6.

The civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-