Malabai Hemsing Chavan And Another v. New India Assurance Co. Ltd., Aurangabad And Another

ca12788-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12788 OF 2014 IN FIRST APPEAL NO. 278 OF 2015 (Malabai Hemsing Chavan and another Vs. New India Assurance Co. Ltd., Aurangabad and another) ---- Mr. Amol N. Kakade, Advocate for the applicants Mr. M.S. Kulkarni, Advocate for respondent No.1 ---- CORAM : M.T. JOSHI, J.

DATE : 02/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

Considering the challenge in the present first appeal, the present application is partly allowed. 3.

The applicants are allowed to withdraw an amount of Rs. 5,00,000/- (rupees five lacs) with proportionate interest thereon, out of the amount deposited by the respondent No.1 in this Court, upon executing an undertaking that in case any order adverse to their interest is passed by this Court in future, they would refund the amount now allowed to be withdrawn

ca12788-14 within a period of four months from the date of such order.

.

Accordingly, the present application stands disposed of.

[M.T. JOSHI] JUDGE npj/ca12788-14