Bombay High CourtCA/12574/2019disposed offdismissed for default

Kundlik Waman Borude Thr Next Friend Sandeep Kundlik Borude v. The Div. Manager, National Insurance Co. Ltd., Thr Its Authorized Officer And ANR

2019-10-17Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

(Order) (1) C.A. No. 12574 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 12574 of 2019 (In First Appeal No. 01949 of 2019) District : Ahmednagar Kundlik Waman Borude.

.. Applicant (Original claimant) versus The Divisional Manager, National Insurance Co. Ltd., Through its Authorized Officer, Parag Plaza Building, Near Old bus stand, Ahmednagar & another.

.. Non-applicants.

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Mr. Majit S. Shaikh & Mr. Y.K. Shaikh, Advocates, for the applicant.

Mr. Aniruddha S. Usmanpurkar, Advocate, for non-applicant no.01.

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CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 17TH OCTOBER 2019 ORAL ORDER :

01.

Present application has been filed for withdrawal of the amount. Amount of Rs. 13,51,132/- has been deposited by the Insurance Company. The appeal is admitted. It is in respect of breach of terms of policy.

(Order) (2) C.A. No. 12574 of 2019 02.

The application has been objected by the learned Advocate for the appellant - non-applicant no.01 on the ground that after judgment was pronounced, the driving license of the driver of the offending vehicle has been verified and it turned out to be fake license. It is also submitted by the learned Advocate for the appellant, that he is going to file application for production of documents. 03.

At this stage, a competent Court has given its judgment on the basis of the evidence adduced before it. Under such circumstance, definitely, case is made out for partial withdrawal of the amount. 04.

The applicant is allowed to withdraw Rs. 6,50,000/- [Rupees six lacs fifty thousand] on submission of undertaking, to be filed within a period of four weeks from today, in this Court, that in case, in future, he is directed to re-deposit the said amount, he would deposit it.

05.

The civil application is disposed of in the above terms.

( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / CA12574.19