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Bombay High CourtCAF/1097/2019admittedallwdgrantedrule absolute

Reliance General Insurance Co. Ltd., Thr. Exe. Legal, Nagpur Divisional Office, Nagpur v. Smt. Pratibha Panditrao Solanke And Others

2019-03-26Hon'Ble Shri Justice Arun Digambarrao Upadhye1 pages

9 caf1097.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1097 OF 2019 IN FIRST APPEAL NO. 642 OF 2018 Reliance General Insurance Co. Ltd., Through the Executive Legal, Divisional Office, Nagpur V/s Smt. Pratibha Panditrao Solanke and others.

--------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------------- Shri D.N. Kukday, counsel for the appellant.

Shri P.R. Agrawal, counsel for the respondent Nos. 1 to 4. CORAM: ARUN D. UPADHYE, J.

DATE: 26-03-2019.

Heard learned counsel for the respondent Nos. 1 to 4 as well as learned counsel for the appellant. Perused the application as well as impugned judgment and award, it appears that respondent Nos. 2 to 4 are minors, and therefore, their share amount cannot be permitted to withdraw. The respondent No.1 is entitled to withdraw 1⁄4th amount deposited by the appellant on filing usual undertaking to the effect that, she shall refund the said amount in case appeal is allowed. Remaining amount be kept in fixed deposit till disposal of the first appeal. Civil application is allowed.

JUDGE rkn