Jayshri Sudhakar Bhusari And ORS v. United India Insurance Co. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA 13707/2016 918 CA/13707/2016 IN FA/3239/2016 WITH CA/12214/2016 IN FA NO.3239/2016 WITH FIRST APPEAL NO. 3239 OF 2016 JAYSHRI SUDHAKAR BHUSARI AND ORS versus UNITED INDIA INSURANCE CO. LTD.

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Advocate for applicant :Mr. S.A.Gaikwad Mr. A.B.Gatne, Adv., for respondent no.1.

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CORAM : P.R. BORA, J.

Dated: December 01, 2016 ...

PER COURT :- 1.

Heard learned Counsel for the applicant and the learned Counsel for the appellant Insurance Company. Considering the averments made in the application for withdrawal of amount and having regard to the grounds of objections raised in the memo of appeal in exception to the impugned judgment, I deem it appropriate to pass the following order:

ORDER

1.

The applicants are at present permitted to withdraw Rs.8,00,000/- ( Rs. eight lacs ) from deposited amount on submitting an undertaking that in the event AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA 13707/2016 any adverse order is passed against the applicants, they will re-deposit the amount so withdrawn within four weeks of passing of such order. Balance amount be deposited in a Fixed Deposit Receipt in any nationalized Bank initially for a period of two years and, if required, for further period till disposal of the appeal. Civil Application for withdrawal of amount stands disposed of.

2.

Call for R & P. Hearing of the appeal is expedited. Learned Counsel Mr. S.A.Gaikwad, waives service for respondent nos. 1 to 5. Issue notice to the respondent nos. 6 and 7 in appeal for final disposal at admission stage.

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

AGP/-