Fatima Malik Shaikh And 7 ORS., v. The New India Assurance Company Ltd.,

904 MCA 424 OF 2018.DOC

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 424 OF 2018 IN FIRST APPEAL NO. 10 OF 2016 FATIMA MALIK SHAIKH AND 7 ORS.

... Applicants

Versus

THE NEW INDIA ASSURANCE COMPANY LTD. ... Respondent Shri Shailesh Redkar, Advocate for the applicants. Ms. Y. Mandrekar, Advocate for the respondent No.1. Coram:- NUTAN D. SARDESSAI, J.

Date:- 13th June 2018 P.C.:

This is an application for withdrawal of 50% of the amount awarded by the learned M.A.C.T. and deposited by the appellant in this Court. The applicants/original claimants are ready to furnish an undertaking to refund the amount in the event they do not succeed in the proceedings.

2. In view thereof, all the applicants are permitted to withdraw ₹13,00,000/- (Rupees Thirteen Lakhs only) from the amount deposited by the appellant on furnishing an undertaking to the satisfaction of the Registrar of this Court that in the event they do not succeed in the proceedings they

904 MCA 424 OF 2018.DOC shall refund the amount to the appellant herein. The original claimants except 3 shall furnish an undertaking before the Registry of this Court.

3. The application accordingly stands disposed off. NUTAN D. SARDESSAI, J.

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