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Bombay High CourtCA/4700/2015admittedallowedgrantedrule absolute

Thaknath Parbhatrao Shirsath And ORS v. Sk. Salim Sk. Basheer Died Thr His Lrs Nazimabegum Shaikh Salim And Another

2015-06-08Hon'Ble Shri Justice Nitin W. Sambre2 pages

4700.15ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4700 OF 2015 IN FIRST APPEAL NO.1102 OF 2010 Thaknath Parbhatrao Shirsath & ors ...Applicants versus Sk. Salim Sk. Basheer died Thr.

Lrs. Nazimabegum Shaikh Salim & anr

...Respondents

.....

Mr. Anil S. Bajaj , Advocate for applicants Mr. V.N. Upadhye, Advocate for respondent No.1. .....

CORAM : N.W. SAMBRE, J.

DATE : 8TH JUNE, 2015 ORAL ORDER :

It is claimed by Mr. Bajaj, learned Counsel for the applicants that application is restricted only to applicant No.2 who has attained majority. According to him, the said applicant has already got married and the amount is required to satisfy the hand loan, which was taken for the purpose of marriage of the said applicant.

2.

Mr. Upadhye, learned Counsel for the Insurance Company objects the same on the count that applicant No.1 was permitted to withdraw the amount of Rs.78,000/- at the relevant time

4700.15ca -2i.e. in 2010.

3.

In view of above, applicant No. 2 is permitted to withdraw an amount of Rs.1,00,000/- (Rs. One lac only). 4.

The civil application is allowed and stands disposed of. [ N.W. SAMBRE, J. ] Tupe/08.06.15