Anita Rajendra Sonawne And Others v. The New India Assurance Co. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.12421 OF 2016 IN FAST/35466/2015 WITH CA/255/2016 IN FAST/35466/2015 ANITA RAJENDRA SONAWNE AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Mr. Kazi Sabahat T. Mr. AB Gatne For R/1.

----- CORAM : P.R.BORA, J.

DATE :

th October,2016.

PER COURT :

1) Heard the learned Counsel for the applicants and learned Counsel appearing for the insurance company.

2) Considering the averments raised in the application for withdrawal of amount and the having regard to the objections raised by the Insurance Company in the memo of appeal in exception to the Award, I deem it appropriate to pass the following order, -

ORDER

i) The applicants, at present, are permitted to withdraw sum of Rs.20,00,000/- from the amount deposited by the insurance company in this court, on submitting an undertaking that, in the event any adverse order is passed against

them in the appeals, they will re-deposit the amount within four months of passing such order; ii) the Balance amount be invested in a Fixed Deposit Receipts in any Nationalized Bank, initially till disposal of the appeal.

iii) The Civil Application for withdrawal of the amount is disposed of.

3) Hearing of the appeal be expedited.

4) The appellant to take all necessary steps to serve unserved respondent/s.

(P.R.BORA) JUDGE bdv/