Parwatibai Namdeo Jondhale (Died) Thr Lrs Purbhaji v. New India Insurance Co. Ltd., Thr Its Divisional Manager, Aurangabad And ANR

928-CA-11-2019.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.11 OF 2019 IN FAST/30495/2017 PARWATIBAI NAMDEO JONDHALE (DIED) THR LRS PURBHAJI

VERSUS

NEW INDIA INSURANCE CO. LTD., THR ITS DIVISIONAL MANAGER, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. Suryawanshi Govind G. Advocate for Respondent No.1 : Mr. S.G. Dargad h/f Mr. S.G. Chapalgaonkar ...

CORAM : P.R. BORA, J.

DATED : 09th JANUARY, 2019.

PER COURT:- .

Heard Shri Suryawanshi, the learned counsel appearing for the applicant.

2.

Perused the order passed by this Court on 12.04.2018. Vide the said order, the applicants were permitted to withdraw 75% of the amount deposited in this Court along with accrued interest thereon, on furnishing an undertaking that applicants shall pay back/re-deposit the amount in this Court being withdrawn under the said order, within a period of three months from the date of decision in appeal, if the decision goes against their interest. Undertaking was directed to be filed within a period of three

928-CA-11-2019.odt (2) weeks from the date of the said order.

3.

The learned counsel for the applicants submitted that the applicants could not file the aforesaid undertaking within the stipulated period of three weeks since, in the meanwhile applicant no.1 died and as such, the undertaking could not be filed. By filing the present application, the applicants have sought permission to file such an undertaking within next two weeks. The permission as prayed for deserves to be granted and it is accordingly granted.

4.

The applicants shall file the undertaking within two weeks as directed vide order passed on 12.04.2018. The civil application stands disposed of.

(P.R. BORA, J.) Mujaheed//