Smt. Laxmi Mallappa Alias Mallinath Sontakke And ANR. v. The State Of Maharashtra Through The Secretary And ORS.

7. wp 6722.18.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6722 OF 2018 Smt.Laxmi Mallappa alias Mallinath Sontakke and anr.

.. Petitioners Vs.

The State of Maharashtra and ors.

.. Respondents Mr.Avinash M. Gokhale, for the Petitioners.

Mr.S.S.Panchpor, AGP for Respondent No.1 - State. Mrs.Shalini Shankar, for Respondent No.4.

CORAM : B.R.GAVAI & M.S.KARNIK, JJ.

DATE : 05th SEPTEMBER, 2018 P.C. :

.

The petitioners have approached this Court seeking direction to respondent No.2 to permit to allow withdrawal of awarded amount deposited by respondent No.4 towards the claim payable to the petitioners.

2.

It is the contention of the petitioners that the respondent ­ Insurance Company is incorrectly informing 1/2

7. wp 6722.18.doc respondent No.2 that there is stay in the Appeal and on that ground, withdrawal is not permitted. It is submitted that Appeal already has been dismissed. All these facts can very well be brought to notice of the respondent No.2 who is bound to take these aspects in consideration while considering the application for withdrawal of the claim amount. 3.

Writ Petition is disposed of with the aforesaid directions.

(M.S.KARNIK, J.) (B.R.GAVAI, J.) 2/2