Prakash Simon Shelke v. Icici Lombard General Insurance Co Ltdlob

( 1 ) 968-FA-2773-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 FIRST APPEAL NO. 2773 OF 2023 WITH CIVIL APPLICATION NO. 9893 OF 2024 IN FA/2773/2023 ICICI LOMBARD GENERAL INSURANCE CO LTD

VERSUS

PRAKASH SIMON SHELKE AND ANR ...

Advocate for Appellant : Mr. R. H. Dahat Advocate for Respondent No.1 : Ms. S. M. Zaware Advocate for Respondent No.2 : Mr. Rohit Dhongade h/f. Mr. S. S. Kulkarni ...

CORAM

: PRAFULLA S. KHUBALKAR, J.

DATE : 25.04.2025 PER COURT :- CIVIL APPLICATION NO. 9893 OF 2024 IN FA/2773/2023 1.

Heard the learned counsel for the claimants and respondentInsurance Company. 2.

This is an application for withdrawal of amount which is deposited by the respondent-Insurance Company at the time of grant of interim relief. The claimants have sought for withdrawal of the entire amount. However learned counsel for the respondent-Insurance Company submits that instead of allowing the withdrawal, the appeal needs to be heard on merits

( 2 ) 968-FA-2773-2023 finally.

3.

However, in view of reasons mentioned in the Civil Application, the original claimants are permitted to withdraw the 50% of the amount deposited by the Insurance Company subject to furnishing usual undertaking. 4.

The Civil Application is disposed of.

5.

The First Appeal may be listed for further consideration on 8th July 2025.

( PRAFULLA S. KHUBALKAR, J. ) PRW