Anusabai Pandurang Jadhav v. The New India Assurance Co. Ltd., Thr Its Authorized Signatory, Parbhani And ORS

934-CA-459-2019 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.459 OF 2019 IN FAST/33222/2017 WITH CA/12821/2017 IN FAST/33222/2017 ANUSABAI PANDURANG JADHAV

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, PARBHANI AND ORS ...

Advocate for Applicants : Mr. Deshmukh S. Sachin Advocate for Respondent No.1 : Mr. M.M. Ambhore ...

CORAM : P.R. BORA, J.

DATED : 09th JANUARY, 2019.

PER COURT:- .

Heard Shri Deshmukh, the learned counsel appearing for the applicant and Shri Ambhore, the learned counsel appearing for the insurance company.

2.

Perused the impugned judgment and award and the grounds of objections raised in exception to the said judgment and award. After having considered the submissions made, I deem it appropriate to pass the following order:

ORDER

i) The application is allowed.

ii) The applicant is permitted to withdraw 70% of the amount deposited of her share

934-CA-459-2019 .odt (2) along with interest accrued thereon on submitting an undertaking to the satisfaction of the Registrar of this Court.

iii) Balance 30% of the amount be invested in Fixed Deposit Receipt in any nationalized bank for the period till disposal of the appeal.

iv) Civil application for withdrawal of amount stands disposed of.

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