Mr Dhanjay Shankar Phadnis And ANR. v. The New India Assurance Company Limited

3 -iii - caf- 1394-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1394 OF 2016 IN FIRST APPEAL NO. 242 OF 2018 Mr. Dhananjay Shankar Phadnis & Ors.

..Applicants versus The New India Assurance Co. Ltd.

..Respondents Ms.Ashwini Jadhav with Sandeep Jinsiwale for the Appellant-Insurance Company.

Mr. Akshay Kulkarni i/b. Mr. A.M.Kulkarni for the Respondent Nos. 5A to 5D.

Ms. Rui Danawala i/b. Umesh Mankapure for the Applicant. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 11th NOVEMBER, 2022.

P.C.

1.

The Applicants, who are the original Claimants have sought to withdraw the amount deposited by the Appellant Insurance Company. The Applicants have already withdrawn an amount of Rs.1,50,000/-. 2.

Considering the reasons stated in the application, and the grounds raised in the appeal memo, the Applicants are permitted to withdraw 50% of the balance amount with proportionate interest accrued thereon, subject to filing an undertaking that the amount will be refunded with interest in the event, the Appellant-Insurance Company succeeds in the appeal. Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) Digitally signed by PRASANNA P SALGAONKAR Date:

2022.11.14 18:07:24 +0530 PRASANNA P SALGAONKAR P P SALGAONKAR