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Bombay High CourtCA/13132/2018disposed offdismissed for default

Khurshid Jafar Sayyed And ORS v. The Oriental Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ORS

2018-10-23Hon'Ble Shri Justice P.R. Bora3 pages

{1} 932 CA 13132 OF 2018 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 13132 OF 2018 IN FAST/16257/2018 KHURSHID JAFAR SAYYED AND ORS.

VERSUS

THE ORIENTAL INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD AND ORS.

...

Advocate for Applicants : Shri N.C.Garud Advocate for Respondent No.1 : Shri D.P.Deshpande ...

WITH CA/7378/2018 IN FAST/16257/2018 ...

CORAM : P.R.BORA, J.

DATE: 23rd October, 2018 PER COURT:- Heard Shri N.C.Garud, learned Counsel appearing for the applicants - claimants and Shri D.P.Deshpande, learned Counsel appearing for the Insurance Company.

Having regard to the contentions raised in the application for withdrawal of the amount and considering the grounds of objection raised in exception to the Judgment and award impugned in the present appeal, I deem it appropriate to pass the following order:-

{2} 932 CA 13132 OF 2018 & ORS

ORDER

I) The applicants are permitted to withdraw 50% of the deposited amount alongwith interest accrued thereon, on submitting an undertaking to the satisfaction of the Registrar (Judicial) of this Court. II) Balance 50% of the deposited amount be invested in any Nationalized Bank, initially for a period of two years and if so required, till decision of the appeal.

III) Civil Application No.13132 of 2018, stands disposed of.

In Civil Application No.7378 of 2018, time is extended by four weeks. Interim relief, if any, to continue till then. (P.R.BORA) JUDGE SPT

{3} 932 CA 13132 OF 2018 & ORS