Bombay High Court
Vikas Bapurao Patil vs National Insurance Co. Ltd on 3 September, 2018
Author: P.R. Bora
Bench: P.R. Bora
43-CA-10952-2018 .odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
43 CIVIL APPLICATION NO. 10952 OF 2018
IN FA/4072/2016 WITH CA/14892/2016 IN FA/4072/2016
VIKAS BAPURAO PATIL
VERSUS
NATIONAL INSURANCE CO. LTD.
...
Advocate for Applicant : Mr. Sant Kishor C.
Advocate for Respondent : Mr. S.R. Bodade
...
CORAM : P.R. BORA, J.
DATED : 03 rd SEPTEMBER, 2018.
PER COURT:-
. Heard Shri Sant, learned counsel appearing
for the applicant and Shri Bodade, learned counsel
appearing for respondent-Insurance Company.
2. The learned counsel pointed out the order
passed by this Court (Coram: V.L. Achliya, J.) on
20.07.2018. The learned counsel submitted that the
applicant-Vikas Bapurao Patil is unable to travel
and in the circumstances, it may not be possible
for him to come to Aurangabad for submitting an
undertaking. In the circumstances, request is made
to waive the aforesaid condition and permit the
advocate appearing for the applicant in this Court
to submit an undertaking on his behalf.
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43-CA-10952-2018 .odt
(2)
3. Another request is made for transmitting
the amount of Rs. 1,00,000/-, which is permitted to
be withdrawn directly in the account of said Vikas
Bapurao Patil, the particulars of which are
furnished by the applicant. I see no difficulty in
allowing both the prayers. Hence, the following
order is passed:
ORDER
The order passed on 20.07.2018 is modified as under:
(i) The learned counsel for the applicant is permitted to file undertaking on behalf of the applicant in this Court.
(ii) Registry of this Court is directed to transfer the amount of Rs. 1,00,000/- in the account of the applicant-Vikas Bapurao Patil, the particulars of which are provided in the application.
(iii) The charges, if any, for transfer of such amount shall be borne by the applicant.
(iv) The Civil Application stands disposed of.
(v) It is clarified that the undertaking, which ::: Uploaded on - 04/09/2018 ::: Downloaded on - 06/09/2018 01:21:13 ::: 43-CA-10952-2018 .odt (3) may be given by the counsel appearing for the applicant on behalf of the applicant shall also operate for further withdrawal of the amount of interest.
(P.R. BORA, J.) Mujaheed// ::: Uploaded on - 04/09/2018 ::: Downloaded on - 06/09/2018 01:21:13 :::