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Bombay High Court

Seema Nandkishor Ingale And Ors vs The Oriental Insurance Co. Ltd., Thr Its ... on 7 March, 2019

Author: P.R. Bora

Bench: P.R. Bora

                                                              902-CA-1058-2019-withdr.odt
                                         (1)


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           902 CIVIL APPLICATION NO.1058 OF 2019
                    IN FAST/38499/2018

             SEEMA NANDKISHOR INGALE AND ORS
                            VERSUS
      THE ORIENTAL INSURANCE CO. LTD., THR ITS BRANCH
               MANAGER AURANGABAD AND ORS
                                ...
             Advocate for Applicants : Mr. More P. P.
          Advocate for Respondent No.1 : Mr. R.F. Totala
                                ...

                                        CORAM : P.R. BORA, J.
                                        DATED : 07 th March, 2019.


 PER COURT:-

 .                Heard Shri More, the learned counsel appearing

 for the applicants and Shri Totala, the learned counsel

 appearing for respondent no.1.


 2.               Perused the impugned judgment and the grounds

 of objections raised in exception to the said judgment. The

 learned        counsel        Shri   More     submits    that      though         the

 objections as about the involvement of vehicle is taken, no

 evidence has been adduced by the respondents in order to

 substantiate the said contentions. The learned counsel Shri

 Totala controverted the submissions and stated that the

 involvement of the vehicle is specifically disputed by the

 insurance company.               In view of the submissions so made,



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                                                            902-CA-1058-2019-withdr.odt
                                       (2)


 the following order is passed:

                                    ORDER

i) The application is allowed.

ii) The applicants are permitted to withdraw 50% of the amount deposited with interest accrued thereon on submitting an undertaking to the satisfaction of the Registrar of this Court.

iii) Balance 50% of the amount with interest accrued thereon be invested in Fixed Deposit Receipt in any nationalized bank, for the period till disposal of the appeal.

iv) The civil application stands disposed of.

(P.R. BORA, J.) Mujaheed// ::: Uploaded on - 12/03/2019 ::: Downloaded on - 14/03/2019 10:17:20 :::