Neeta Mhalu Bagade And Others v. The New India Assurance Co. Ltd. And ANR

cast 28815.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION (STAMP) NO. 28815 OF 2016 IN FIRST APPEAL (STAMP) NO. 23888 OF 2015 Neeta Mhalu Bagade and Ors.

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Applicants Vs.

The New India Assurance Co. Ltd & Anr.

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Respondents ---- Mr. Vikhe Patil Prabhakar B., Advocate for the Appellant. Mr. S.S. Rathi, Advocate for the respondent no.1. ---- CORAM : P.R. BORA, J.

DATE : 26-10-2016.

P.C. :

1.

Not on board. Taken on board.

2.

Heard the learned counsel appearing for the applicants and the learned counsel appearing for the appellant insurance company. Having regard to the contentions raised in application for withdrawal of the deposited amount and the grounds of objection raised by the appellant-insurance company in the memo of the appeal in exception to the impugned award. I deem it appropriate to pass the following order.

i) The applicants are at present permitted to withdraw a sum of Rs. Forty Lakhs from the deposited amount on submitting an undertaking that in the event any adverse order is passed they will re-deposit the amount so withdrawn by them within four months of passing

cast 28815.16.odt such order.

ii) Balance amount shall be invested in F.D.R. in any nationalised bank initially for a period of two years, if so required for a further period till disposal of the appeal. Civil application stands disposed of.

(P.R. BORA) JUDGE mub