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Bombay High CourtCAF/1750/2019ca disposed off

Icici Lombard General Insurance Co. Ltd. Thr. Manager, Shri. Ashay Mahajan, Nagpur v. Mrs. Sarika Pramod Jadhav And Others

2019-04-24Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 caf1750.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [F] NO.1750 OF 2019 IN FIRST APPEAL NO.36 OF 2018 [ICICI Lombard General Insurance Company Limited .vs. Mrs. Sarika Pramod Jadhav 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 M.P. Kariya, Advocate for applicants-respondent nos.1 to 4, Shri R.D. Bhuibhar, Advocate for appellant.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : APRIL 24, 2019.

This is an application filed by respondent nos.1 to 4 for permission to withdraw the amount deposited by the appellant. Heard. Perused the application. Having considering the grounds of appeal and the impugned judgment passed by the MACT, I am of the view that the amount deposited in this Court can be allowed to be withdrawn conditionally. The application is therefore allowed. Permission is granted.

Respondent nos.1 to 4 is allowed to be withdrawn 50% of the amount and out of the said amount, 25% of the amount, solvent surety is to be furnished and for the remaining 25% of the amount an usual undertaking be given to the satisfaction of the learned Registrar (Judicial) within a period of four weeks. With this order, civil application stands disposed of. (MRS. SWAPNA JOSHI, J.) Gulande