New India Assurance Co.Ltd.Akola Thr.Its Regional Manager,Nagpur v. Mohd.Rafique S/O Abdul Gaffr, And Anor.

2610caf1771 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CAF) NO.

/2021 IN FIRST APPEAL NO.

1669/2008 (D) New India Assurance Co. Limited, Akola through its Regional Manager, Nagpur ...Versus...

Mohd. Rafique son of Abdul Gaffar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri C.A. Joshi, Advocate for respondent no.1/applicant Shri M.B. Joshi, Advocate for appellant CORAM : AVINASH G. GHAROTE, J.

DATE : 26/10/2021 Shri C.A. Joshi, learned Counsel for the applicant seeks to withdraw the amount of Rs.48,900/- along with interest thereupon @ 7% p.a. from the date of petition i.e. 11/12/2006 till realization, which would be the date of the deposit, which is dated 6/2/2009. It is an admitted position, that this amount has not been paid to the applicant/original claimant and has been deposited in the Bank as a fixed deposit. The applicant, therefore, shall be entitled to withdraw Rs.48,900/- with interest @ 7% p.a. for the above duration. In case the said amount has been invested in a fixed deposit, the applicant shall also be entitled to interest accrued thereupon

2610caf1771 of 2021.odt till the date of realization. The balance amount be refunded to the appellant, in terms of the judgment dated 13/09/2019 in First Appeal No.1669/2008.

The civil application is disposed of in the above terms. There shall be no order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar