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Bombay High CourtCA/13231/2016disposed offdismissed for default

Alka Shriniwas Sanap And ORS v. Icici Lombard General Insurance Co. Ltd. And ORS

2016-10-06Hon'Ble Shri Justice P.R. Bora2 pages

914 ca 13231.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 13231 OF 2016 IN FAST/14280/2016 WITH CA/6506/2016 IN FAST/14280/2016 ALKA SHRINIWAS SANAP AND ORS

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Deshmukh Mohit R.

AGP for Respondents: S. S. Patil For R/1 ...

CORAM : P.R. BORA, J.

DATE : 06-10-2016.

Per Court :

1.

Heard. Considering the contentions raised in the application for withdrawal of the amount and the objections raised in the memo of appeal to the impugned judgment, the following order is passed:

ORDER

i) The applicant no.1 is permitted to withdraw a sum of Rs. 25 lakh from the deposited amount on submitting an submitting an undertaking that in the event any adverse order is passed she will re-deposit the amount so withdrawn by her within four months of passing such order.

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

914 ca 13231.16.odt application for withdrawal stands disposed of. 2.

For the reasons mentioned in the application, which according to me are just and sufficient. Delay is condoned. Appeal be registered in accordance with law. Civil Application for condonation of delay stands disposed of.

3.

Issue notice to the respondents in first appeal, returnable on 19.11.2016. Learned counsel Mr. Mohit Deshmukh waives for respondent nos. 1 to 3. Call for record and proceedings. (P.R. BORA) JUDGE mub