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Bombay High CourtCAF/1387/2019admittedallwdgrantedrule absolute

National Insurance Company Ltd., Through Its Branch Manager, Branch Khamgaon v. Smt. Shashikala Haridas Sulokar And Others

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

911 caf1387.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1387 OF 2019 IN FIRST APPEAL NO. 684 OF 2015 National Insurance Company Ltd., through its Branch Manager, Khamgaon, Dist. Buldhana V/s Smt. Shashikala Haridas Sulokar 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 M.P. Kariya, counsel for the respondent Nos. 1 to 5. CORAM: ARUN D. UPADHYE, J.

DATE: 26-03-2019.

Heard learned counsel for the respondent Nos. 1 to 5. Perused the application as well as impugned judgment and award. The respondent Nos. 2 to 4 are minor, and therefore, their share cannot be permitted to withdraw till they attain majority.

The respondent Nos.1 and 5 are entitled to withdraw 1/5th share each separately. The respondent No. 1 and 5 are permitted to withdraw their 1/5th share each separately on filing usual undertaking to the effect that, they will refund the amount in case appeal is allowed. Remaining amount of the respondent Nos. 2 to 4 be kept in fixed deposit till disposal of the first appeal.

Civil application is allowed.

JUDGE rkn