On urgent applying, the High Court allowed the motives of the applicants allowed to withdraw 50% of the amount deposited by the insurance company on an un-usual undertaking.
Applicants allowed to withdraw 50% of the deposited amount on un-usual undertaking.
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.
p522-caf-759-18.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 759 OF 2018 IN
FIRST APPEAL ST. NO. 36103 OF 2017
Mr. Moinuddin Azizuddin Khan & Anr.
…Applicants
Versus
Bharti Axa General Insurance Co. Ltd. …Respondent
Mr.T.J.Mendon for the Applicant. Mr. Mehta i/b. KMC Legal Venture for the Respondent (Original Appellant in FA)
CORAM: MRS.MRIDULA BHATKAR, J. DATE : FEBRUARY 22, 2018
P.C.:
for withdrawal of an amount of Rs. 11,37,500/- along with interest @7.5% p.a. deposited by the insurance company/original appellant pursuant to the judgment and award dated 13.07.2017 passed by the learned Member, Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 19 of 2012.
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p522-caf-759-18.doc
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(MRIDULA BHATKAR, J.)
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p522-caf-759-18.doc
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1 issue framed by the court
Whether to allow applicants to withdraw 50% of the deposited claim amount on undertaking.
Mr. Moinuddin Azizuddin Khan & Anr.
Bharti Axa General Insurance Co. Ltd.
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
