Surekha Amol Late And ORS v. The New India Assurance Co. Ltd., Thr Branch Manager, Ahmednagar

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 CIVIL APPLICATION NO.1651 OF 2019 IN FA/1964/2018 SUREKHA AMOL LATE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR BRANCH MANAGER,AHMEDNAGAR ...

Advocate for Applicants : Mr. Shaikh Joyeb I Mr. A. S. Usmanpurkar For Resp..

--- CORAM : P.R. BORA, J.

DATED : 28th January, 2019.

PER COURT:- 1) Heard learned counsel for applicants and learned counsel appearing for appellant insurance company. Perused the application and the impugned judgment.

2) Considering the averments in the application for withdrawal of the amount and having regard to the objections raised in the memo of appeal taking exception to the impugned judgment, I deem it appropriate to pass the following order, -

ORDER

i.

The applicants are permitted to withdraw 50% amount on submitting an undertaking to the satisfaction of Registrar of this Court;

ii.

Balance 50% amount be invested in FDR of

(2) any nationalized Bank for the period till disposal of the appeal.

iii. Civil application for withdrawal of the amount stands disposed of.

(P.R. BORA) JUDGE bdv