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Bombay High CourtCAF/1028/2022ca disposed off

United India Insurance Co. Ltd., Thr. Divisional Manager, Amravati Thr. Regional Manager, Nagpur v. Rashmikant S/O Shivanandan Trivedi And Others

2022-09-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 919caf4497.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1028 OF 2022 IN FIRST APPEAL ST. NO. 16880 OF 2019 [United India Insurance Company Limited .vs. Rashmikant s/o Shivnandan Trivedi 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 C.A. Anthony, Advocate for appellant, Shri D.S. Khushlani, Advocate for respondent no.1. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 06/09/2022 .

Present application is filed by applicantrespondent no.1 for grant of permission to withdraw the amount deposited by the appellant.

2.

Learned counsel for the appellant draw my attention the notes of claim dated 29.11.2019, from which, it appears that there is dispute only in respect of excess amount of Rs.7,00,000/-.

3.

For the reasons stated in the application, it would be in the interest of justice to allow the respondent no.1 to withdraw the amount of Rs.7,00,000/- along with accrued interest. The amount is already deposited on 20.01.2020. Accordingly, the application is partly allowed.

2 919caf4497.19.odt 4.

Respondent no.1 is permitted to withdraw the amount of Rs.7,00,000/- along with accrued interest.

5.

Registry is directed to disburse the same in the account of respondent no.1, after verifying the bank details.

6.

Application is allowed and disposed of.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur