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Bombay High CourtCA/1086/2019disposed offdismissed for default

Shubhangi Narhari Deshmukh And ORS v. New India Assurance Co. Ltd., Thr Its Branch Manager, Osmanabad And ORS

2019-01-29Hon'Ble Shri Justice P.R. Bora2 pages

953-CA-1086-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.1086 OF 2019 IN FIRST APPEAL NO.2771 OF 2018 SHUBHANGI NARHARI DESHMUKH AND ORS.

VERSUS

NEW INDIA ASSURANCE CO. LTD. THR. ITS BRANCH MANAGER, OSMANABAD AND ORS.

....

Advocate for Appellant : Mr. P.S. Chavan.

Advocate Respondent No. 1: Mr. Mohit R. Deshmukh ....

CORAM : P.R. BORA, J.

DATED : 29th JANUARY, 2019 PER COURT:- 1.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent-insurance company. Perused the impugned judgment and award and the grounds of objections raised in exception to the said judgment. 2.

After having considered the above, I deem it appropriate to pass the following order:

ORDER

[i] The applicants are permitted to withdraw 60% of the amount deposited by the insurance company in this court along with interest accrued thereon on submitting an undertaking to the satisfaction of the Registrar of this Court.

[ii] Balance 40% of the amount and the interest accrued

953-CA-1086-2019 thereon be invested in Fixed Deposit Receipt in any nationalized bank till disposal of the appeal. [iii] The amount be disbursed in the same proportion as has been mentioned in the order of the Tribunal [iv] Civil application stands disposed of.

( P.R. BORA ) JUDGE Sudhir Rane