National Insurance Co. Ltd., Nagpur, Branch Office Bhandara Thr. Its Regional Manager v. Lahuji Shriram Kurzekar And Others

1501caf39.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.39/2019 IN FIRST APPEAL NO.1011/2018 National Insurance Company Ltd., Bhandara, through its Regional Manager ...Versus...

Lahuji Shriram Kurzekar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shashikant Borkar, Counsel for appellant Shri A.N. Ansari, Counsel for respondent nos.1 and 2/applicants CORAM : ARUN D. UPADHYE, J.

DATE : 15/01/2019 Heard.

Perused the impugned judgment and award under challenge. After hearing the learned Counsel for the parties and after going through the record, I am of the view that the applicants/respondent nos.1 and 2 could be permitted to withdraw an amount of Rs.5,00,000/- out of the amount deposited in this Court. Hence, I proceed to pass the following order.

O R D E R

(i) The civil application is allowed.

(ii) The applicants/respondent nos.1 and 2 are permitted to withdraw an amount of Rs.5,00,000/- out of

1501caf39.19.odt the amount deposited in this Court, upon furnishing usual undertaking in this Court to the effect that the applicants/respondent nos.1 and 2 will refund the amount to the appellant, if the first appeal is allowed. (iii) The remaining amount be kept in fixed deposit, till final disposal of the first appeal. The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.