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Bombay High CourtCA/12527/2018disposed offdismissed for default

Suman Dattatraya @ Dattu Wagh And ORS v. Cholamandalam General Insurance Co. Ltd., Thr Its Branch Manager, And ANR

2018-10-08Hon'Ble Shri Justice P.R. Bora2 pages

19-CA-12527-2018.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 12527 OF 2018 IN FAST/15080/2018 WITH CA/7307/2018 IN FAST/15080/2018 SUMAN DATTATRAYA @ DATTU WAGH AND ORS

VERSUS

CHOLAMANDALAM GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AND ANR ...

Advocate for Applicants : Mr. Sonwane Mahesh R. Advocate for Respondent No.1 : Mr.S. G.

Chapalgoankar ...

CORAM : P.R. BORA, J.

DATED : 08th OCTOBER, 2018.

PER COURT:- .

Heard the learned counsel for the applicants and the learned counsel appearing for the respondent-insurance company.

2.

In view of the submissions made, the following order is passed:

ORDER

i) The applicants are permitted to withdraw 50% of the deposited amount along with the interest accrued thereon on submitting an undertaking to the satisfaction of the Registrar of this Court.

19-CA-12527-2018.odt (2) ii) Balance 50% of the amount with 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 for withdrawal of amount stands disposed of.

iv) Re-issue notice to respondent no.4, returnable 22.11.2018.

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