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Bombay High Court

Branch Manager, National Insurance Co. ... vs Smt. Sunita Ganesh Kamadi And Ors on 25 March, 2019

                                             1                                15-CAF-706-19.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         NAGPUR BENCH, NAGPUR.

                       CIVIL APPLICATION (F) NO. 706 OF 2019
                                        IN
                           FIRST APPEAL NO. 1118 OF 2014

   BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. THROUGHH ITS
                               REGIONAL MANAGER, NAGPUR
                                                  Vrs.
                     SMT. SUMITA GANESH KAMDI AND OTHERS
--------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
---------------------------------------------------------------------------------------------------------
                          Shri C. A. Anthony, Advocate for appellant.
                          Shri Y. B. Mandpe, Advocate for respondent Nos.1 to 4.

                                          CORAM:-          ARUN D. UPADHYE, J.

DATED :- 25/03/2019.

Heard the learned counsel for respondent Nos.1 to 4 as well as learned counsel for the appellant.

Perused the application.

The respondents Nos.1 to 4 have prayed for withdrawal of remaining 50% amount. It appears that already, this Court has permitted to withdraw 50% amount by an order dated 07/07/ 2015.

After hearing both the sides, I am of the view that the respondent Nos.1 to 4 cannot be permitted to withdraw the amount, as already, this Court has granted permission to withdraw 50% amount on furnishing solvent surety / security.

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2 15-CAF-706-19.odt The submission put forth on behalf of the respondent Nos.1 to 4 that the amount is required for marriage of respondent No.2 also cannot be considered, as other respondents are also having share in the property and moreover, the matter is yet to be heard finally on merit. The application, therefore, could not be considered and accordingly, rejected.

JUDGE Choulwar ::: Uploaded on - 26/03/2019 ::: Downloaded on - 27/03/2019 02:16:51 :::