New India Assurance Co.Ltd.Akola ... vs Mohd.Rafique S/O Abdul Gaffr, And ...
2021 Latest Caselaw 15364 Bom

                                                                                                                                         2610caf1771 of 2021.odt
                                                                                           1


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                            CIVIL APPLICATION (CAF) NO.1771/2021
                                                             IN
                                               FIRST APPEAL NO.1669/2008 (D)

 New India Assurance Co. Limited, Akola through its Regional Manager, Nagpur
                                  ...Versus...
               Mohd. Rafique son of Abdul Gaffar and another

 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -
                                                                         Shri C.A. Joshi, Advocate for respondent no.1/applicant
                                                                         Shri M.B. Joshi, Advocate for appellant


                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 26/10/2021

Shri C.A. Joshi, learned Counsel for the applicant seeks to withdraw the amount of Rs.48,900/- along with interest thereupon @ 7% p.a. from the date of petition i.e. 11/12/2006 till realization, which would be the date of the deposit, which is dated 6/2/2009. It is an admitted position, that this amount has not been paid to the applicant/original claimant and has been deposited in the Bank as a fixed deposit. The applicant, therefore, shall be entitled to withdraw Rs.48,900/- with interest @ 7% p.a. for the above duration. In case the said amount has been invested in a fixed deposit, the applicant shall also be entitled to interest accrued thereupon

2610caf1771 of 2021.odt

till the date of realization. The balance amount be refunded to the appellant, in terms of the judgment dated 13/09/2019 in First Appeal No.1669/2008.

The civil application is disposed of in the above terms. There shall be no order as to costs.

(AVINASH G. GHAROTE, J.)

Wadkar