Smita Mangesh Malkar And 3 ORS. v. Caperod Shipping Ltd And 3 ORS.

5-JO183-19.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO. 183 OF 2019 IN SUIT NO. 3418 OF 2005 Smita Mangesh Malkar & ors.

...Plaintiffs

Versus

Caperod Shipping Ltd. & ors.

...Defendants Mr. Ketan Parekh, i/b K. R. Parekh & Co., for the Plaintiffs.

CORAM:

N. J. JAMADAR, J.

DATED :

4th NOVEMBER, 2019 PC:- 1.

Heard Mr. Parekh, the learned Counsel for plaintiff no.2 Poorva Mangesh Malkar.

2.

By order dated 31st January, 2006, Suit No.3418 of 2005 was allowed to be withdrawn in pursuance of the settlement arrived at between the parties. Plaintiff no.2 Poorva was then a minor. She was 41⁄2 years old. 3.

Out of the amount of Rs.70,65,493.36 ps. deposited by the defendants towards full and fnal settlement of the plaintiffs claim, an amount of Rs.17,44,708/- was allotted to the share of plaintiff no.2. This Court had directed that the said amount shall remain deposited in the Court. Clause (3) of the order dated 31st January, 2006 reads as under: 1/2

5-JO183-19.DOC "(iii) An amount of Rs.17,25,000/- being the share of Plaintiff No.2 shall remain deposited in this Court. The offce is directed to invest the same in GOI 8% Savings Bond, 2003. The same shall be renewed on maturity after obtaining the orders of this Court."

4.

Plaintiff no.2 Poorva has attained majority. The Birth Certifcate issued by Nalasopara Municipal Council and the School Leaving Certifcate issued by Panbai International School reveal that the date of birth of plaintiff no.2 Poorva is 8th December, 2000.

5.

In view of the above, since plaintiff no.2 Poorva has attained majority, the prayer to allow plaintiff no.2 Poorva to withdraw the amount deposited in the Court along with interest accrued thereon is justifable. Thus, the amount of Rs.2,44,708/- deposited with the Oriental Bank of Commerce, Overseas Branch, Nariman Point Branch and Rs.15,00,000/- deposited with UCO Bank, Nariman Point Branch, along with interest accrued thereon, be paid to plaintiff no.2 - Poorva Mangesh Malkar, upon proper identifcation, by account payee cheque, without any security. 6.

Judges order signed separately.

7.

In view of above, Judges Order stands disposed of. [N. J. JAMADAR, J.] 2/2