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Bombay High CourtCAF/1104/2019ca disposed off

The Oriental Insurance Co. Ltd., Branch Manager, Yavatmal Thr. Regional Manager, Nagpur v. Smt. Sunita D/O Prakash Harshe And Others

2019-03-13Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1303caf1104.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1104/2019 IN FIRST APPEAL NO.289/2019 The Oriental Insurance Company Ltd., Branch Manager, Yavatmal through its Regional Manager, Nagpur ...Versus...

Smt. Sunita wd/o Prakash Harshe 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, Counsel for appellant Shri S.P. Pawar, Counsel for respondent nos.1 and 2/applicants CORAM : ARUN D. UPADHYE, J.

DATE : 13/03/2019 Heard.

Perused the application.

The applicants/respondent nos.1 and 2 have prayed for withdrawal of 75% amount out of the amount deposited by the appellant in this Court.

After hearing the learned Counsel for the parties and after perusing the impugned judgment and award, I am of the view that the applicants/respondent nos.1 and 2 could be permitted to withdraw an amount of Rs.3,00,000/- each only. Hence, I pass the following order.

1303caf1104.19.odt

O R D E R

The applicants/respondent nos.1 and 2 are permitted to withdraw an amount of Rs.3,00,000/- each only, deposited by the appellant in this Court, upon furnishing usual undertaking to the satisfaction of the Registrar (Judicial) to the effect that they will refund the amount in case the first appeal is allowed.

The civil application is disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.