Shriram General Insurance Co. Ltd., Nagpur Thr. Its Manager (Legal) v. Manohar S/O Janbaji Vyawahare Thr. P.O.A. Gangabai W/O Manohar Vyawahare And Another

915. CAF 1290.2022 in FA 67.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1290 OF 2022 IN FIRST APPEAL NO. 67 OF 2022 Shriram General Insurance Co. Ltd. thr. its General Manager (Legal), Regional Office at Nagpur ...VERSUS...

Manohar Janbaji Vyawahare and anr.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Ashwini S. Athalye, Advocate for appellant. Shri Asghar Hussain, Advocate for respondent no. 1.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th August , 2022.

The present application is filed for dismissal of appeal and withdrawal of amount deposited by the appellant with accrued interest.

For the reasons stated in the application, the application is partly allowed. Withdrawal of 50% of amount will meet the ends of justice. Accordingly, I proceed to pass the following order:- a) Respondent no. 1 is permitted to withdraw 50% of amount along with accrued interest, subject to the undertaking that if the appellant succeeds in the appeal, respondent no. 1 will refund the amount as per final order which would be passed in the First Appeal.

b) Registry is directed to disburse the said amount after verification of bank details and after supplying of undertaking within four weeks.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar