Najama Hussain Shaikh And ORS v. The New India Assurance Co. Ltd And Another

(1) C.A.No.624.15, etc.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.624 OF 2015 IN FIRST APPEAL NO. 969 OF 2012 Najama Hussain Shaikh & ors.

...APPLICANTS

VERSUS

The New India Assurance Co. Ltd. & anr.

...RESPONDENTS Mr Rahul A. Tambe, Advocate for applicants;

Mr A. B. Kadethankar, Advocate for respondent No. 1 CORAM : N.W. SAMBRE, J.

DATE : 8th May, 2015 ORAL ORDER :

Learned Counsel appearing on behalf of respondent no.1 - insurance company makes a statement that the balance amount as ordered under the award along with interest will be deposited in this Court within a period of twelve weeks from today. The statement is accepted. 2.

In view of no objection on behalf of respondent no.1 - insurance company, an amount of Rs.5,00,000/- (Rupees Five Lacs only) is permitted to be withdrawn by the applicants.

(2) C.A.No.624.15, etc. 3.

Mr Tambe, learned Counsel appearing on behalf of the applicants submits that the amount ordered to be withdrawn by the applicants be transferred to the Executing Court as Execution Petition being Regular Darkhast No.25 of 2012 is pending with the said Court. 4.

In view of above, the Registry is directed to transfer the amount of Rs.5,00,000/- (Rupees Five Lacs only) to the Executing Court. The Executing Court shall permit the applicants to withdraw the amount as ordered above.

5.

Civil Application stands disposed of accordingly. (N.W. SAMBRE, J.) amj