Kusum Subhash Nishad And ORS v. The United India Insurance Co. Ltd. And Others

ca16312.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16312 OF 2015 IN FAST/3187/2013 KUSUM SUBHASH NISHAD AND ORS

VERSUS

THE UNITED INDIA INSURANCE CO. LTD. AND OTHERS ...

Advocate for Applicants : Mr. P. C. Mayure h/f Mr. Kazi S. S. Advocate for Respondent No.1 : Mr. M.R. Deshmukh h/f S.G. Chapalgaonkar .....

CORAM : V. K. JADHAV, J.

DATED : 14th MARCH, 2016 PER COURT:- 1.

Heard both sides.

2.

Learned counsel for the applicant submits that during pendency of this appeal, respondent No.3-original claimant No.3 viz. Akash Subhash Nishad has attained the age of majority. This court by order dated 28.3.2014 allowed the applicant No.1 Kusum to withdraw an amount of Rs.1,00,000/- and applicant No.2 Suraj to withdraw an amount of Rs.1,32,000/- out of the amount deposited in this court on execution of undertaking.

3.

It appears that applicant No.3 Akash Subhash Nishad has attained age of majority during pendency of appeal and he is presently taking education in science faculty. Thus, considering the

ca16312.15 -2same, applicant No.3 Akash Subhash Nishad is permitted to withdraw an amount of Rs.2,00,000/- (Rupees Two lacs only) out of the amount deposited in this Court, on execution of undertaking that in case any adverse order is passed against him in the appeal, he shall refund the amount so withdrawn, within a period of eight (08) weeks from the date of such order.

4.

Civil application is disposed of.

( V. K. JADHAV, J.) rlj/