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Bombay High CourtCAF/2864/2017admittedallwdgrantedrule absolute

Bajaj Allianz General Insurance Co. Ltd. Through The Senior Executive (Legal) v. Stavan S/O Aadesh Jinturkar Minor, Thr. His Father Aadesh S/O Manikchand Jinturkar And Another

2017-07-11Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

fa 732-12.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2864 of 2017 IN FIRST APPEAL NO. 732 OF 2012 (Bajaj Allianz General Insurance Co.Ltd., Aurangabad through the Senior Executive (Legal) Vs. Stavan s/o Aadesh Jinturkar & others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri D. N. Kukday, Advocate for Appellant.

Shri D. S. Amle, Advocate for Respondent No.1 Shri. Amol Darekar, Advocate for Respondent No.2.

CORAM

: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.

DATE : 11 th JULY, 2017.

This is an application for withdrawal of the amount deposited by the appellant. The application is filed by applicant on the ground that the amount is required for education of the child.

Learned counsel for the appellant submitted that in this case the defence is that the jeep in which the injured was travelling was taken on hire. Further it is submitted that disability certificate is not produced and lastly it is submitted that in other two connected appeals the private paper-book is being prepared and it will be filed within two weeks. In this appeal he will also file private paper-book within two weeks.

fa 732-12.odt 2 In view thereof, as all these three appeals can be decided together in a short span of one month, it would not be proper to allow this application for withdrawal of the money at this stage.

Therefore, place this appeal for final hearing on 11.8.2016.

JUDGE RGIngole