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Bombay High CourtCA/11737/2015admittedallowedgrantedrule absolute

Neeta Sunil Patil v. Shriram Insurance Company Ltd. And Others

2015-10-09Hon'Ble Shri Justice S V Gangapurwala2 pages

980.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

980 CIVIL APPLICATION NO. 11737 OF 2015 IN FAST/30396/2014 NEETA SUNIL PATIL

VERSUS

SHRIRAM INSURANCE COMPANY LTD. AND OTHERS ...

Advocate for Applicant : Mr. Narwadkar Mrigesh D. Advocate for Respondent No.1 : Mr. V. N. Upadhye Advocate for Respondent No.4 : Mr. V Y Patil ...

CORAM

: S. V. GANGAPURWALA, J.

DATE :

9th October, 2015 PER COURT :

1.

The application is for withdrawal of the amount filed by one of the claimants i.e. Widow.

2.

Mr. Upadhye, the learned counsel opposes the application on the ground that the insurance company was required to be exonerated. It is a case of fake driving licence. In fact even order of pay and recover can be passed. Considering the award passed, I pass following order:

i. The applicant/claimant is allowed to withdraw 50% amount from the 50% amount deposited, on submitting undertaking to this court that in the event the applicant is directed to deposit the 1/2

980.doc amount, the applicant would deposit the same within one month.

ii. The applicant is allowed to withdraw further 50% amount on submitting solvent security/surety in the like amount.

iii. Civil application disposed of.

( S. V. GANGAPURWALA, J. ) JPC 2/2