Sushilabai Nagorao Pund And Others v. The New India Assurance Company Ltd. And Others

940.CA.16415.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16415 OF 2015 IN FIRST APPEAL (ST) NO. 32772 OF 2014 Sushilabai nagorao Pund and Others ..APPLICANTS

VERSUS

The New India Assurance Co. Ltd. and Others ..RESPONDENTS ....

Mr. S.P. Katneshwarkar, Advocate for applicants. Mr. A.B. Kadethankar, Advocate for Respondent No.1. ....

CORAM : P.R. BORA, J.

DATED : 29th JULY, 2016 ORDER :

.

The original claimants have filed the present application seeking withdrawal of amount deposited by the appellant i.e. Insurance Company in this court. The application is opposed by the learned Counsel for Respondent No.1 stating that various grounds are raised in exception to the impugned judgment and award.

2.

Having regard to the contentions raised in the application seeking withdrawal of amount and the objections raised by the appellant i.e. Insurance Company in its memo of appeal in exception to the 1 / 2

940.CA.16415.15.doc impugned judgment, I deem it fit and appropriate to pass the following order:

O R D E R

I) Civil application is allowed.

II) Applicants are permitted to withdraw Rs.1,00,000/- ( Rupees One Lakh ) deposited in this Court on an undertaking that in the event any adverse order is passed against them, they shall re-deposit the amount so withdrawn by them within four weeks from the date of passing of such order.

III) Civil applications stands disposed of.

( P.R. BORA, J. ) SSD 2 / 2