The High Court allowed the applicant to withdraw specified amounts on submitting an undertaking and furnishing security, while keeping the balance in a fixed deposit, disposing the civil application.
Allowed withdrawal of Rs.1,00,000/- on undertaking and Rs.1,25,000/- on security; remaining amount kept in fixed deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CIVIL APPLICATION NO.375 OF 2013 IN
F.A.NO.1670 OF 2012.
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.
Court's or Judge's orders
Mr.S.K.Naikwade, advocate for the applicants.
CORAM : S.V.GANGAPURWALA,J.
Date : 08.02.2013.
PER COURT :
Mr.Chapalgaonkar, learned counsel for Respondent No.1 opposes the application on the ground that there is a breach of policy. The driver of the vehicle did not possess the valid driving license and exorbitant compensation has been awarded.
(a) The applicant No.1 Daivashala W/o Santosh Manmode, is allowed to withdraw Rs.1,00,000/- (Rupees one lac) on submitting an undertaking to this Court that in the event, the applicant is
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directed to deposit the amount, the applicant would deposit within one month.
(b) The applicant No.1 is also allowed to withdraw Rs. 1,25,000/- (Rupees one lac twenty five thousand) on furnishing a solvent security of the like amount.
(c) Remaining amount be kept in Fixed Deposit of any Nationalised Bank. The amount of Rs.2,25,000/- (Rupees two lacs twenty five thousand) which is allowed to be withdrawn by applicant No.1 be transmitted to the Tribunal.
(d) The Civil Application is disposed of.
(S.V.GANGAPURWALA,J.)
Dt.08.02.2013. asp/office/Ca375.13
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Daivashala W/o Santosh Manmode
Respondent No.1
Applicant Nos.2 to 4
S.V.GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court