Swaroopa Nitin Chitlange And ORS v. New India Insurance Co. Ltd. And ORS

3 fa 3213.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 FIRST APPEAL NO. 3213 OF 2016 WITH CA/15901/2016 IN FA/3213/2016 THE NEW INDIA ASSURANCE CO. LTD. THR ITS AUTHORIZED SIGNATORY RAVIKANT YADAV

VERSUS

SWAROOPA NITIN CHITLANGE AND ORS ...

Advocate for Appellant : Ambhore M.m.

Advocate for Respondents : A. P. Bhandari ...

CORAM : P.R. BORA, J.

DATE : 14-12-2016.

P.C. :

1.

The learned counsel for the appellant insurance company has tendered across the bar the affidavit in reply on behalf of respondent nos. 1 to 4 in civil application. Heard Shri A.P. Bhandari, the learned counsel appearing for the original claimants and Shri M.M. Ambhore, the learned counsel appearing for the appellant insurance company. Considering the submissions so made, I deem it appropriate to pass the following order.

ORDER

i) The applicants are permitted to withdraw Rupees Thirty Five Lakhs on submitting an undertaking that in the event any adverse order is passed they will re-deposit the amount so withdrawn by them within four months of passing such order.

ii) Balance amount be invested in any nationalized

3 fa 3213.16.odt bank in F.D.R. initially for a period of two years and if required, for the further period till the disposal of the appeal. Civil application stands disposed of.

2.

Hearing of the appeal is expedited. Learned counsel appearing for the respective parties waives service. Place the matter for final disposal at admission stage on 13.01.2017. Call for record and proceedings.

(P.R. BORA) JUDGE mub