Allowed

Mr. Ajit Vidyadhar Patwardhan v. National Insurance Co. Ltd.

Bombay HC9 May 2012CAF/854/2012

Case brief

AI extract

What is this about?

Single judge allowed an applicant to withdraw 1/4th of deposited insurance funds due to medical needs post-retirement, directing trial court to accept solvent security for balance within 16 weeks, or invest it in Fixed Deposit until appeal disposal.

What did the court decide?

Applicant entitled to withdraw 1/4th of deposited amount immediately; remaining 3/4th withdrawable upon solvent security within 16 weeks, else invested in Fixed Deposit until appeal disposal.

Mr. Ajit Vidyadhar Patwardhan Vs National… — Contract and Commercial Disputes | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.854 OF 2012 IN FIRST APPEAL NO.2211 OF 2011

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Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

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Mr.J.S.Kapre for the applicant

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Mr.Sanjay Krishnan i/b Ms.Harshada Rane for the respondents

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CORAM : K.K.TATED, J. DATE : 09/05/2012

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PC :

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Heard the learned counsel for the parties.

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This application is preferred by original claimant for withdrawal of the amount deposited by respondent no.1 insurance company pursuant to the order dt.10.01.2012 passed by this court in Civil Application No.4826 of 2011.

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The learned counsel for the applicant states that now the applicant has retired and he requires the amount for day to day expenses and for medical treatment.

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On the other hand, the learned counsel for respondent no.1 Insurance Company opposed the present Civil Application. He submits that the applicant is getting pension and therefore, there is no question of allowing him to withdraw the amount.

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Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant is entitled to withdraw some amount in the present matter. It is the case of the applicant that in the accident, he got multiple fractures and he is unable to use his right hand. Considering these facts, Civil Application is allowed on the following terms :

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(a) Applicant is entitled to withdraw 1/4^th of the amount deposited by respondent no.1 in Tribunal without furnishing any security.

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b) Applicant is allowed to withdraw remaining amount by providing solvent security to the satisfaction of the Trial court within 16 weeks from today.

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c) If the remaining amount i.e. 3/4^th amount is not withdrawn by the applicant by furnishing solvent security to the satisfaction of the Trial Court, Trial Court is directed to invest the said amount in Fixed Deposit of any Nationalised Bank initially for a period of one year and same be continued till the hearing and final disposal of the First Appeal.

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Civil application is disposed of accordingly.

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(K.K.TATED, J.)

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Mohite

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Mr. Ajit Vidyadhar Patwardhan v. National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Ajit Vidyadhar Patwardhan v. National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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