The Oriental Insurance Co. Ltd., Division Office At Chandrapur Thr. T.P. Hub Incharge, Nagpur v. Ramdas S/O Lalu Madavi And Others

916fa1304.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3841/2018 IN FIRST APPEAL NO. 1304 OF 2018 The Oriental Insurance Co. Ltd. V/s Ramdas Lalu Madavi and others. -------------------------------------------------------------------------------------------------------------------------------- - Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.V. Joshi, counsel for the appellant.

Ms Priti Badwaik, counsel for the respondent Nos. 1 and 2. Shri N.R. Bhishikar, counsel for the respondent No.3. CORAM: ARUN D. UPADHYE , J.

DATE: 08-02-2019.

Heard learned counsel for the parties.

Perused the application. This is an application filed by the respondent Nos.1 and 2 for grant of permission to withdraw the amount.

Considering the above facts and circumstances, I am of the view that at present permission to withdraw the amount could be granted to the extent of 40% out of total amount deposited in this Court and remaining amount 60% be kept in fixed deposit till disposal of the appeal. The respondent nos. 1 and 2 to furnish usual undertaking to the effect that in case appeal is allowed, they will refund the amount with interest to the appellant. Both the respondent Nos. 1 and 2 are having equal share and they are permitted to withdraw 40% amount.

JUDGE rkn