Sabiya Balam Shaikh And ORS v. New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CA/12006/2018 IN FAST/11453/2018 SABIYA BALAM SHAIKH AND ORS

VERSUS

NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD ...

Mr. Umakant U.Wagh, Adv. For applicant;

Mr. Ajit B.Kadethankar, Adv. For Resp.No.1;

Mr. AS Deshpande, Adv. For Resp.No.8.

...

CORAM : P.R. BORA, J.

Dated: September 28, 2018 ...

PER COURT :- 1.

Heard learned counsel for claimants and learned counsel for respondent insurance company. 2.

Perused the application and the impugned judgment.

3.

Considering the averments in the application for withdrawal of the amount and having regard to the objections raised in the memo of appeal taking exception to the impugned judgment, I deem it appropriate to pass the following order, -

ORDER

i) The applicants are permitted to withdraw 50 % amount out of the deposited BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD amount, on submitting an undertaking to the satisfaction of the Registrar of this Court.

ii) Balance amount be invested in Fixed Deposit Receipt in any nationalized Bank, initially for the period of two years and if so required, for the further period till disposal of the appeal.

iii) The Civil Application stands disposed of.

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

BDV