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Bombay High CourtCAF/674/2022ca disposed off

The New India Assurance Company Ltd., Nagpur Through Manager v. Mr. Chandrashekhar O. Dave And 2 Others

2022-08-26Hon'Ble Smt. Justice M. S. Jawalkar2 pages

2 fa 394-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 394/2015 The New India Assurance Company Ltd., Nagpur Vs.

Mr. Chandrashekhar O. Dave and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Venkatesh Manthapurwar, Advocate h/f Shri A. Khare, Advocate for respondent No.1 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 26/08/2022 It appears that learned Counsel for the appellant is absent in the matter since last 3-4 dates. As such, place the matter for dismissal on 05/09/2022.

C IVIL APPLICATION NO. 674/2022 The present application is filed by respondent Nos. 2 and 3 for withdrawal of amount deposited by the appellant. Respondents already withdrawn Rs. 1,00,000/- in the year 2016. The applicants - respondent Nos. 2 and 3 are therefore allowed to withdraw remaining amount of Rs.1,05,809/- along with accrued interest.

2.

Registry is directed to disburse the amount in favour of respondent Nos. 2 and 3 equally along with Jayashree..

2 fa 394-2015.odt accrued interest, after verification of bank details. The release of amount is subject to usual undertaking that if the appellant succeeds in the appeal, the amount will be refunded as per final order which would be passed in present appeal.

3.

The application is disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..