Mangal Vitthal Wagh And Others v. Reliance General Insurance Company Ltd. And Others

1 ca 16000.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16000 OF 2015 IN FIRST APPEAL NO. 1357 OF 2015 Mangal Vitthal Wagh and others .. Applicants

Versus

Reliance General Insurance Co.

Ltd. and others .. Respondents Shri Manoj Patil, Advocate h/f Shri C. K. Shinde, Advocate for Applicants.

Shri S. G. Chapalgaonkar, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J.

DATE : 22ND JANUARY, 2016.

PER COURT :

.

The learned counsel for the applicant submits that, vide order dated 11th September, 2015 the applicants are allowed to withdraw 50% of the amount deposited on undertaking and 25% of the amount deposited on furnishing solvent security/surety of the like amount. The learned counsel submits that, the applicants are not in a position to furnish solvent security/surety and they may be permitted to withdraw the said amount of 25% on furnishing bank guaranty. 2.

The learned counsel for the non applicant No. 1 does not have any objection for allowing the withdrawal on submitting of bank

2 ca 16000.15 guarantee instead of solvent security.

3.

In the light of the above, clause No. (ii) of the operative order dated 11th September, 2015 in Civil Application No. 11752 of 2015 is modified to the extent that the applicants No. 1 to 3 are allowed to withdraw 25% of the amount on furnishing bank guarantee of any scheduled bank of the like amount instead of solvent security/security. The civil application accordingly is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/Jan. 16