Champabai Mansaram Dedwal And ORS v. New India Assurance Company Ltd Aurangabad And ORS

1 916-CA 12510-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12510 OF 2023 IN FA/26/2001 Champabai Mansaram Dedwal and others .. Applicants

Versus

The New India Assurance Co. Ltd., and others .. Respondents Mr. Ambar S. Barlota, Advocate for the Applicants. Mr. M. M. Ambhore, Advocate for Respondent No. 1. CORAM : KISHORE C. SANT, J.

DATED : 20th OCTOBER, 2023.

P. C. :- .

Heard.

2.

This application is with a limited prayer that the amount deposited in this Court by the Insurance Company in the first appeal be transferred to the Executing Court. The first appeal is already dismissed on 06.01.2016. During the pendency of the appeal, the amount was deposited in this Court. Out of the said amount the applicants had already withdrawn an amount of Rs. 25,000/-. The balance amount is still lying in this Court. Since the execution is already filed and the parties are before the Executing Court, a request

2 916-CA 12510-2023.odt is made to transfer the balance amount to the Executing Court i.e. to MACT, Aurangabad for disbursement in Darkhast No. 137/2019 in MACP No. 220/1994.

3.

Office is directed to transfer the remaining amount as per prayer clause (B) along with accrued interest. Office to transfer the amount as early as possible.

4.

With this, the civil application stands disposed off. ( KISHORE C. SANT, J. ) P.S.B.