Rekha Laxmanrao Devkare And ORS v. Tushar Agrawal And ANR

15186.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO.15186 OF 2019 IN FIRST APPEAL NO.108 OF 2009 REKHA LAXMANRAO DEVKARE & ANOTHER

VERSUS

TUSHAR AGRAWAL & ANOTHER ...

Advocate for Applicants : Mr.D.Y.Nandedkar Advocate for Respondent no.2 : Mr.Mohit R.

Deshmukh h/f.Mr.S.G.Chapalgaonkar ...

CORAM : V.L.ACHLIYA,J.

DATE : 03.01.2020 P.C.:

1] The applicants have moved this application for withdrawal of amount of Rs.6,66,435/- deposited by the appellantInsurance Company in terms of judgment and order passed by this Court.

2] Heard learned counsel for the applicants-original claimants and the advocate representing the respondent no.2appellant-Insurance Company. 3] Learned counsel for the appellantInsurance Company submits that the appellants have no objection to allow the applicants to withdraw amount deposited.

15186.19CA.odt 4] On due consideration of the submissions advanced and the fact that the claim petition has been finally decided, I am of the view that the applicants-original claimants are entitled to withdraw the amount deposited by appellant-Insurance Company.

The amount deposited by the Insurance Company i.e. sum of Rs.6,66,435/- with interest, if any, accrued over the said amount, be paid to the applicant nos.1 and 2 in equal proportion, by transferring amount in their respective savings account.

5] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC