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Bombay High CourtCA/12278/2024admittedallowedgrantedrule absolute

Asha Madhavrao Bende And ORS v. The Reliance General Insurance Co Ltd Through It S Branch Manager And ANR

2024-11-21Hon'Ble Shri Justice Kishore C. Sant2 pages

921 ca.12278.24 - Corrected.odt This order dated 21st November, 2024 is corrected as per the order of peaking to the minutes dated 04th December, 2024.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

921 CIVIL APPLICATION NO. 12278 OF 2024 IN FA/2457/2024 ASHA MADHAVRAO BENDE AND ORS

VERSUS

THE RELIANCE GENERAL INSURANCE CO LTD THROUGH IT S BRANCH MANAGER AND ANR ...

Advocate for Applicant : Mr. Suhas Bhaurao Ghute. Advocate for Respondent No.1 : Mr. Aniruddha S. Usmanpurkar. ...

CORAM :

KISHORE C. SANT, J.

DATE :

21st November, 2024.

P.C.:

Appeal:

.

Heard.

Admit.

Issue notice to respondents. Mr. S. B. Ghute, learned counsel waives notice on behalf of respondent Nos.1 to 4 on admission. The record and proceedings be called for.

Application for withdrawal of amount:

Heard the learned counsel for the parties.

921 ca.12278.24 - Corrected.odt This application is for withdrawal of the amount deposited by the appellant in the office of this Court. The appeal is mainly filed on the ground of quantum stating that the income of the deceased is taken to Rs.17,000/- per month without there being sufficient evidence. The deceased was only an agriculturist. However, considering that the ground in the appeal is mainly of quantum, the following order is passed:-

O R D E R

I.

The applicants No.1 and 4 are permitted to withdraw 50% of the amount alongwith accrued interest deposited in this Court on furnishing usual undertaking. Further 25% of the amount with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal. II.

With this, the civil application for withdrawal of amount stands disposed of.

[ KISHORE C. SANT, J. ] nga