The New India Assurance Company Limited, Through Its Deputy General Manager, Nagpur v. Smt. Mamta Vijay Mandari And 6 Others

27.07.caf.919.18

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.919/2018 IN FIRST APPEAL NO.613/2018 (The New India Assurance Co.Ltd. vs. Smt.Mamta Vijay Mandari and others ) ...................................................... .............................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. M.B.Joshi, Adv. for appellant/applicant Mr. Shashikant Borkar, Advocate for respondents 1 to 5 CORAM : MRS.SWAPNA JOSHI, J.

D ATED : 27th July, 2018.

FIRST APPEAL NO. 631/2018.

Heard.

Admit Call R & P.

CIVIL APPLICATION NO.919/2018 This is an application seeking permission to withdraw the amount.

Heard both sides. Having considered the grounds of Appeal and the impugned judgment passed by the Tribunal, I am of the view that 50 per cent of the amount deposited in this Court can be conditionally allowed to be withdrawn. Hence the following order:

The respondents 1 to 5 are allowed to withdraw 50% of the amount deposited in this court subject to the condition that for the 25% of the amount, the respondents to furnish usual undertaking and for 25% of the amount, solvent surety to the

27.07.caf.919.18 satisfaction of the Registrar (J) of this Court be furnished, within a period of two weeks from the date of this order. The rest of the amount be invested in a nationalised bank initially for a period of three years.

The Civil Application is allowed accordingly. JUDGE sahare