United India Insurance Company Limited v. Smt. Najmunissa Umar Sharif Shaikh And ORS

YBG caf2527-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2527 OF 2013 IN FIRST APPEAL NO.1480 OF 2013 United India Insurance Company Ltd.

..Applicant -VersusSmt. Najmunissa Umar Sharif Shaikh and Ors.

..Respondents WITH CIVIL APPLICATION NO.3062 OF 2013 IN FIRST APPEAL NO.1480 OF 2013 Smt. Najmunissa Umar Sharif Shaikh and Ors.

..Applicants

Versus

United India Insurance Company Ltd.

..Applicant Mr.A.R.Gole for applicant in CAF 2527 of 2013 and for respondents in CAF 3062 of 2013 Mr.Rahul Mehta i/b. KMC Legal Venture for applicant in CAF 3062 of

CORAM

:

SMT. V.A.NAIK & C.V.BHADANG, JJ.

DATE :

27th February 2015.

P.C.

The learned Counsel for the claimants states that the claimants have been permitted to withdraw a sum of Rs.70 lakhs but

YBG caf2527-13 their shares are not earmarked. The learned Counsel for the claimants, therefore, seeks an order stating the amount that could be withdrawn by each of them and the minor claimant, through her mother.

We permit the respondent Nos. 1 to 4 to withdraw a sum of Rs.15 lakhs each and permit the respondent No.1 to withdraw a sum of Rs.10 lakhs for and on behalf of the respondent No.5. The amount of Rs.10 lakhs withdrawn by the mother for and on behalf of respondent No.5 should be placed by the respondent No.1 - mother of minor (respondent No.5) in a fixed deposit account in a nationalised bank and the same could be withdrawn by the respondent No.5 after she attains the age of majority. The Application for speaking to the minutes is disposed of in the aforesaid terms.

( C.V.BHADANG, J) ( SMT. V.A.NAIK, J.)