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Bombay High CourtCA/13394/2018disposed offdismissed for default

Mahemoodabee Rasool Shaikh And ORS v. The National Insurance Co. Ltd. And ANR

2018-10-30Hon'Ble Shri Justice P.R. Bora2 pages

934-CA-13394-2018 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 13394 OF 2018 IN FA/3562/2016 MAHEMOODABEE RASOOL SHAIKH AND ORS

VERSUS

THE NATIONAL INSURANCE CO. LTD. AND ANR ...

Advocate for Applicants : Mr. Pathan Hamzakhan I. Advocate for Respondent No.1 : Mr. A. B.

Kadethankar ...

CORAM : P.R. BORA, J.

DATED : 30th OCTOBER, 2018.

PER COURT:- .

Heard the learned counsel for the applicants and the learned counsel for the respondent-insurance company. In view of the submissions made, the following order is passed:

ORDER

i) The applicants are permitted to withdraw 50% of the deposited amount with interest thereon on submitting an undertaking to the satisfaction of the Employees Compensation Commissioner at Nanded.

ii) Balance 50% be invested in Fixed Deposit Receipt with interest thereon in any nationalized bank, initially for a period of one year and if so required, for the

934-CA-13394-2018 .odt (2) further period till disposal of the appeal.

iii) The civil application stands disposed of.

iv) The Employees Compensation Commissioner shall forward the said undertaking to this Court.

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