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Bombay High CourtCAF/2127/2018admittedallwdgrantedrule absolute

Regional Manager, The New India Insurance Co. Ltd. Nagpur v. Rajni Wd/O Sudhakar Bhuwan And Others

2018-07-20Hon'Ble Mrs. Justice Swapna Joshi2 pages

caf2127.18 20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2127/2018 IN FIRST APPEAL NO.647/2018 The Regional Manager, The New India Assurance Co.Ltd., Nagpur ..vs..

Rajni wd/o Sudhakar Bhuwan and ors ................................................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................................................... Mrs. P.S. Mirache, Counsel for applicants/respondent Nos.1, 2 &, 4. Shri S.A. Marathe, Counsel for the appellant.

CORAM

: MRS. SWAPNA JOSHI, J.

DATED : JULY 20, 2018.

1.

This application is filed by applicants/respondent Nos.1, 2, and 4 for withdrawal of the decreetal amount deposited by the appellant before this Court on 22.3.2017. The appellant deposited amount of Rs.17.85,462/-.

2.

Heard learned counsel for the parties.

3.

Having heard learned counsel for the parties and gone through the contents in the application, and order impugned in the matter, I am of the view that the application can be allowed partly. 4.

For the reasons mentioned in the application, the application is partly allowed.

5.

Applicants/respondent Nos.1, 2, and 4 are permitted to withdraw only 50% of the deposited amount. However, upon applicants/respondent Nos.1, 2, and 4 furnishing an usual undertaking to the satisfaction of the Registrar (J) of this Court, they shall be permitted to withdraw 25% of the amount and balance 25% of the deposited amount shall be permitted to be withdrawn upon their furnishing solvent surety to .....2/-

caf2127.18 20 the satisfaction of the Registrar (J) of this Court. FIRST APPEAL NO.647/2018 1.

Heard.

2.

ADMIT 3.

The record and proceedings be called for.

JUDGE !! BRW !!

...../-