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Bombay High CourtCA/605/2015admittedallowedgrantedrule absolute

Rekhabai Deelip Patil And Others v. The Reliance General Insurance Company, Aurangabad And Another

2015-01-16Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 605 OF 2015 IN FAST/15232/2014 REKHABAI DEELIP PATIL AND OTHERS

VERSUS

THE RELIANCE GENERAL INSURANCE COMPANY, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr. Sangeet L.V.

Mr. S G Chapalgaonkar, Adv., for R/1.

...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: January 16, 2015 ...

PER COURT :- 1.

The Insurance Company has deposited a sum of Rs.23,04,670/- in this Court. Applicants are held entitled to receive a sum of Rs.18,04,568/- together with interest at 8 per cent per annum inclusive of no fault liability.

2.

In our opinion, ends of justice would meet if applicant no.1 is permitted to withdraw a sum of Rs.8,00,000/- ( Rs. eight lacs), whereas applicant nos. 2 and 3 are permitted to withdraw a sum of Rs.3,00,000/- ( Rs. three lacs) each on furnishing an undertaking to the effect that in the event of success of appeal, they would re-deposit the amount in this Court within a period of twelve weeks from such decision, and it is accordingly directed. The balance amount shall be invested in a fixed deposit initially for a period of three years and fixed deposit receipt shall be renewed thereafter for a period until disposal of the appeal.Civil Application disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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