Mahesh Madanlal Sharma And ORS v. The National Insurance Co. Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.14142 OF 2016 917 CIVIL APPLICATION NO. 14142 OF 2016 IN FA/2503/2016 MAHESH MADANLAL SHARMA AND ORS

VERSUS

THE NATIONAL INSURANCE CO. LTD. AND ANR ...

Advocate for Applicants : Mr.Pathan Hamzakhan I. Mr. S.S.Chapalgaonkar h/f Mr. S.P. Chapalgaonkar, Adv., for R/1 ...

CORAM : P.R. BORA, J.

Dated: October 21, 2016 ...

PER COURT :- 1.

Heard learned Counsel for the applicant and learned Counsel appearing for appellant Insurance Company.

2.

Considering the averments in the application for withdrawal of the amount and having regard to the objections raised by the appellant Insurance Company in the memo of appeal in exception to the impugned judgment and award, I deem it appropriate to pass following order:

ORDER

1.

The applicants are, at present, permitted to withdraw a sum of Rs.5,00,000/- ( Rs. five lacs) from the deposited amount on submitting an undertaking that in the event an adverse order is passed against the applicants in the appeal, they will redeposit the amount so AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.14142 OF 2016 withdrawn within four months of passing of such order. The balance amount be deposited in a Fixed Deposit Receipt in any nationalized Bank initially for a period of two years and thereafter till disposal of appeal. 2.

Civil Application stands disposed of.

3.

Appeal is expedited.

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

AGP/-