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Bombay High CourtCA/11738/2018disposed offdismissed for default

Gulab Sheshrao Gaikwad v. The New India Assurance Co. Ltd., Thr Its Divisional Manager, Aurangabad And ORS

2018-09-21Hon'Ble Shri Justice P.R. Bora2 pages

973-CA-11738-2018.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 CIVIL APPLICATION NO.11738 OF 2018 IN FA/2138/2018 GULAB SHESHRAO GAIKWAD

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS DIVISIONAL MANAGER, AURANGABAD AND ORS ...

Advocate for Applicant : Mr. Gore Ravindra Vitthal Advocate for Respondent No.1 : Mr. Usmanpurkar S. Aniruddha ...

CORAM : P.R. BORA, J.

DATED : 21st SEPTEMBER, 2018.

PER COURT:- .

Heard Shri Gore, the learned counsel appearing for the applicant and Shri Usmanpurkar, the learned counsel appearing for the respondentInsurance Company. 2.

After hearing the submissions advanced by the learned counsel appearing for the respective parties and more particularly after having gone through the grounds of objections raised in the memo of appeal in exception to the impugned award, I deem it appropriate to pass the following order:

ORDER

i) The applicant is permitted to withdraw

973-CA-11738-2018.odt (2) 50% of the deposited amount alongwith interest accrued thereon on submitting an undertaking to the satisfaction of the Registrar of this Court.

ii) Balance 50% of the amount alongwith interest accrued thereon be invested in Fixed Deposit Receipt in any nationalized bank, initially for a period of one year and if so required, for the further period till disposal of the appeal.

iii) The Civil Application stands disposed of.

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