Mrunali Anil Pampatwar v. Hamid Mehandibhai Nathani And ANR

{1} 947 CA 1401 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO. 1401 OF 2018 IN FA/1054/2012 WITH CA/10108/2011 IN FA/1054/2012 WITH FA/1055/2012 WITH FA/1056/2012 WITH CA/10716/2011 IN FA/1056/2012 MRUNALI ANIL PAMPATWAR

VERSUS

HAMID MEHANDIBHAI NATHANI AND ANR.

...

Advocate for Applicant : Shri Sachin S. Deshmukh Advocate for Respondent No.1 : Shri Girish Rane Advocate for Respondent No.2 : Shri S. G. Chapalgoankar ...

CORAM : P.R.BORA, J.

DATE: 21st August, 2018 PER COURT:- Heard Shri S.S.Deshmukh, learned Counsel for the applicant, Shri Girish Rane, learned Counsel appearing for respondent No.1 and learned Counsel appearing for respondent No.2 - Insurance Company.

As per the award passed by the Tribunal, a sum of Rs.5,00,000/- is invested in the Fixed Deposit Receipt in the name of the present applicant. Record shows that previously mother of the present applicant was permitted to withdraw 50% of the deposited amount vide order passed on 22.02.2013.

Learned Counsel Shri Deshmukh for the applicant submitted that the applicant is presently pursuing Engineering course and is in

{2} 947 CA 1401 of 2018 dire need of amount so as to meet the expenses of the said course. Learned Counsel appearing for the Insurance Company has opposed for permitting the applicant for withdrawal of amount and submitted that the all these matters may be taken for final disposal. After having considered the submissions made by the learned counsel for the parties, it appears to me that it would be appropriate to permit the applicant at present to withdraw an amount of Rs.2,50,000/- on submitting an undertaking to the satisfaction of the Registrar (Judicial) of this Court, so as to meet the expenses of her Engineering Course.

Civil Application No.1401 of 2018 stands disposed of. In view of the submissions made by the learned Counsel appearing for the appellant Insurance Company, list all these Appeals alongwith pending applications for final disposal on 27.09.2018. Print is dispensed with.

(P.R.BORA) JUDGE SPT