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Bombay High CourtCA/7467/2017admittedallowedgrantedrule absolute

Jayubai Bhilkya Gavit And Others v. The Oriental Insurance Company Ltd. And Others

2024-12-12Hon'Ble Shri Justice N. B. Suryawanshi1 pages

2024:BHC-AUG:29265 1 914-CA-7467-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7467 OF 2017 IN FAST/8413/2015 SMT. JAYUBAI BHILKYA GAVIT AND OTHERS

VERSUS

THE ORIENTAL INSURANCE COMPANY LTD. AND OTHERS ...

Mr. L.V. Sangeet, Advocate for Applicant Mr. U. S. Malte, Advocate for Respondent No.1 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 12th DECEMBER, 2024 PER COURT :

1.

This application is filed seeking withdrawal of amount of compensation deposited by respondent No.1 Insurance Company. The claim was filed on account of death of husband of applicant No.1 and father of applicant Nos.2 to 4, on 16/06/2008. Till this time, no amount is withdrawn by claimants.

2.

Learned advocate for Insurance Company strenuously opposed the application arguing on merits of the first appeal. 3.

For the reasons stated in the application, application is allowed in terms of prayer clause 'A' and 'B'. Claimants are permitted to withdraw the compensation amount deposited by the Insurance Company along with interest, on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. (NITIN B. SURYAWANSHI, J.) SVH