Sajiyabi Mahammad Mudgade And ORS v. Reliance General Insurance Co. Thr Its Manager And ANR

918 ca 14651.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 14651 OF 2016 IN FA/1546/2016 WITH CA/5120/2016 IN FA/1546/2016 SAJIYABI MAHAMMAD MUDGADE AND ORS

VERSUS

RELIANCE GENERAL INSURANCE CO. THR ITS MANAGER AND ANR ...

Advocate for Applicants : Shelke Manoj U.

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

CORAM : P.R. BORA, J.

DATE : 24-11-2016.

P.C. :

1.

Heard the learned counsel appearing for the applicants and learned counsel appearing for the appellant insurance company. 2.

Considering, the averments in the application for withdrawal of the amount and having regard to the objections raised by the insurance company in challenge to the impugned judgment and award, I deem it appropriate to allow the present applicant no.1 to withdraw a sum of Rupees Three Lakhs from the deposited amount. Balance amount be invested in F.D.R. In any nationalised bank till disposal of the appeal. The amount so permitted to be withdrawn may be released in favour of applicant no.1.

3.

The learned counsel for the applicant submits that, he will take instructions whether the court fees is deposited before the

918 ca 14651.16.odt tribunal and make a statement before the Registrar while seeking withdrawal. Civil application stands disposed of. 4.

The hearing of the appeal is expedited. Call for record and proceedings.

(P.R. BORA) JUDGE mub