The United India Insurance Co. Ltd., Thr. Branch Manager, Amravati v. Smt. Priti Wd/O Pravin Choudhary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1372/2022 IN FIRST APPEAL ST. NO.11639/2019 The United India Insurance Co. Ltd Vs Smt. Priti wd/o Pravin Choudhary 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.R. Joharapurkar, Advocate for appellant Shri R.K. Joshi, Advocate h/f Shri C.S. Dharmadhikari, Advocate for respondent Nos.1 to 4.

CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

06/07/ The present application is filed on behalf of the respondent Nos.1 to 4 for withdrawal of amount. The order of M.A.C.P. Yavatmal in M.A.C.P. No.130/2013 is under challenge in this appeal. The total decreetal amount of Rs.63,06,500/- is deposited along with interest at the rate of 8% per annum, from the date of filing of petition.

2.

For the reason stated in the application, I am satisfied that it would be appropriate to allow the claimants to withdraw Rs.25,00,000/- out of the total deposited amount. Accordingly application is allowed. 3.

The respondent Nos. 1 to 4 are permitted to withdraw Rs.25,00,000/- subject to undertaking to be filed within two weeks, to the effect that if appellant succeed, the amount will be refunded as per order which would be passed in First Appeal.

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Learned Counsel for appellant to take steps to serve the unserved respondents within three weeks. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE