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Bombay High CourtCA/12002/2018disposed offdismissed for default

Jagdish Sitaram Chaudhari And ORS v. The New India Assurance Co. Ltd., Thr Its Authorized Signatory And ANR

2018-09-28Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.12002 OF 2018 IN FAST/14188/2016 JAGDISH SITARAM CHAUDHARI AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY AND ANR ...

Advocate for Applicants : Mr. Patil P.B.

Mr. Dhananjay P. Deshpande For R/1;

Mr. Paresh B. Patil For R/2 ...

CORAM : P.R. BORA, J.

Dated: September 28, 2018 ...

PER COURT :- 1.

Heard learned counsel for applicants and learned counsel for the respondents.

2.

After having considered the submissions advanced by the parties and on perusal of the grounds of objections raised in exception to the impugned judgment, I deem it appropriate to pass the following order, -

ORDER

i.

The applicants are permitted to withdraw 30% of the deposited amount along with interest accrued thereon on submitting an undertaking to the BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD satisfaction of Registrar of this Court;

ii.

Balance 70% be invested in any nationalized Bank, initially for the period of two years and if so required, for the further period till disposal of the appeal.

iii) The Civil Application stands disposed of.

( P.R. BORA, J. ) ...

BDV