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Bombay High CourtCA/12666/2018disposed offdismissed for default

Latabai Bhanudas Borse And ORS v. M/S. Shriram General Insurance Co. Ltd., Thr Its Branch Manager,

2019-01-09Hon'Ble Shri Justice P.R. Bora2 pages

922-CA-12666-2018 withdrawal.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.12666 OF 2018 IN FAST/25891/2018 LATABAI BHANUDAS BORSE AND ORS

VERSUS

M/S. SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, ...

Advocate for Applicants : Mr. Patil Shrikant S. Advocate for Respondent : Mr. S.G. Dargad h/f Mr. S.G. Chapalgaonkar ...

CORAM : P.R. BORA, J.

DATED : 09th JANUARY, 2019.

PER COURT:- .

Heard Shri S.S. Patil, the learned counsel appearing for the applicants and Shri Chapalgaonkar, the learned counsel appearing for the insurance company.

2.

After having considered the submissions so made and after having perused the impugned judgment and award as well as the grounds of objections raised in exception to the said judgment, I deem it appropriate to pass the following order:

ORDER

i) The applicants are permitted to withdraw 60% of the deposited amount on submitting an undertaking to the satisfaction of the Registrar of

922-CA-12666-2018 withdrawal.odt (2) this Court.

ii) Balance 40% be invested in Fixed Deposit Receipt in any nationalized bank for the period till disposal of the appeal.

iii) The civil application stands disposed of. iv) The amount directed to be withdrawn be transmitted to the Motor Accident Claims Tribunal at Dhule to facilitate its withdrawal by the applicants. The undertaking is also permitted to be filed before the Motor Accident Claims Tribunal at Dhule which in turn shall forward the undertaking to this Court.

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