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Bombay High CourtCA/13015/2019disposed offdismissed for default

Anusabai Bhimrao Kakade And ORS v. New India Insurance Co. Ltd., Thr Its Div. Manager And ORS

2019-11-15Hon'Ble Shri Justice Mangesh S. Patil1 pages

( 1 ) 96 ca 13015.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 96 CIVIL APPLICATION NO.13015 OF 2019 IN FA/34/2013 ANUSABAI BHIMRAO KAKADE AND ORS

VERSUS

NEW INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER AND ORS ...

Advocate for Applicants : Mr. Syed G.R.

Advocate for Respondents : Mr. Dhananjay P. Deshpande ...

CORAM : MANGESH S. PATIL, J.

DATE : 15.11.2019 P.C. :- Heard both the sides. The First Appeal preferred by the Insurance Company has been dismissed on merits by the judgment and order of this Court dated 09.10.2019. Now the applicants who are the original claimants are seeking withdrawal of the amount of compensation deposited by the Insurance Company while presenting the appeal. 2.

Since the appeal has already been dismissed on merits, I find no sufficient reason to withhold the money which is the compensation awarded by the Tribunal. The applicants are allowed to withdraw the amount in terms of the award. The application is disposed of. mub [MANGESH S. PATIL, J.]