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Bombay High CourtCAF/611/2017dispossed offdismiss for default

The New India Assurance Co. Ltd. Branch Manager, Chandrapur Through The Divisional Manager Nagpur v. Sulakshna Wd/O Satyanarayan Kondamwar And Others

2017-02-20Hon'Ble Shri Justice A.S. Chandurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Misc. Civil Application [CAF] No. 611 of 2017 IN First Appeal No. 114 of 2017 [The New India Assurance Co. Ltd. Vs. Sulkshana Satyanarayan Kondamwar & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.M. Giratkar, Adv., for applicants - respondent nos. 1 to 4. Mr. Uke, Adv., for appellant.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

20th February, 2017 The claimants seek permission to withdraw the amount of compensation.

In the application, it has been stated that the respondent nos. 2 and 3 are taking education and hence are in need of financial assistance.

The application is opposed by the learned counsel for the appellant on the ground that the amount granted towards future prospects has been determined in an erroneous manner.

Perused the impugned judgment. The claimants are permitted to withdraw an amount of Rs.18,00,00000 [rupees eighteen lakhs only] on filing an undertaking

that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. Further amount of Rs.7,00,000-00 [rupees seven lakhs only] is permitted to be withdrawn on furnishing solvent surety to the satisfaction of the Registrar [Judicial].

Civil Application is disposed of.

Judge |hedau|