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Bombay High CourtCAF/3109/2024ca disposed off

New India Assurance Co. Ltd., Thr. Divisional Manager, Nagpur v. Bhaskar S/O Rama Bhasakhetre And Others

2024-10-23Hon'Ble Shri Justice M. W. Chandwani1 pages

19 fa592.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3109 OF 2024 IN FIRST APPEAL NO.592 OF 2022 New India Assurance Co. Ltd. Vs. Bhaskar s/o Rama Bhasakhetre and others __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms S.H. Bhatia , Advocate for appellant.

Shri V.A. Patait, Advocate for respondent nos.1 and 2. Shri S.V. Purohit, Advocate for respondent no.3. CORAM : M.W. CHANDWANI, J.

DATE : 23.10.2024.

1.

By this application, respondent nos.1 and 2 are seeking withdrawal of amount deposited by the appellant. 2.

Having heard the learned counsel for the appellant as well as respondents and considering the grounds raised in this appeal, in my view, respondent nos.1 and 2 can be permitted to withdraw 50% of the decreetal among alongwith interest accrued thereon.

3.

Accordingly, respondent nos.1 and 2 are permitted to withdraw 50% of the decreetal amount alongwith accrued interest thereon on furnishing usual undertaking. 4.

The application stands disposed of.

FIRST APPEAL NO.592 OF 2022 5.

Filing of private paper book is dispensed with. JUDGE Wagh