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Bombay High CourtCA/10782/2018disposed offdismissed for default

Lata W/O Dnyaneshwar Phad And ORS v. The Div. Manager Oriental Insurance Co. Ltd., And ANR

2018-09-03Hon'Ble Shri Justice P.R. Bora2 pages

41-CA-10782-2018 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 10782 OF 2018 IN FAST/16452/2018 LATA W/O DNYANESHWAR PHAD AND ORS

VERSUS

THE DIV. MANAGER ORIENTAL INSURANCE CO. LTD AND ANR ...

Advocate for Applicants : Mr. P.S. Agrawal Advocate for Respondent No.1 : Mr. M.K. Goyanka ...

CORAM : P.R. BORA, J.

DATED : 03rd SEPTEMBER, 2018.

PER COURT:- .

Heard Shri Agrawal, learned counsel appearing for the applicants and Shri Goyanka, learned counsel appearing for respondent no.1. 2.

Though, the applicants have sought the withdrawal of the entire deposited amount, having regard to the grounds of objections raised by the insurance company, I deem it appropriate to pass the following order:

ORDER

(i) The applicants are permitted to withdraw a sum of Rs. 4,00,000/- out of the deposited amount, on submitting an undertaking to the satisfaction of the Commissioner for Workmen

41-CA-10782-2018 .odt (2) Compensation, Hingoli.

(ii) The Employee Compensation Commissioner shall invest the remaining amount in any nationalized Bank in Fixed Deposit Receipt, initially for a period of two years and if so required, for the further period till disposal of the appeal.

(iii) The learned Commissioner shall forward the undertaking given by the applicants to this Court after payment of amount of Rs.

4,00,000/- in favour of the applicants.

(iv) The Civil Application stands disposed of. (P.R. BORA, J.) Mujaheed//