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Bombay High CourtCA/4885/2025admittedallowedgrantedrule absolute

Varsha Gajanan Gote And ORS v. Shriram General Insurance Company Ltd And ANR

2025-09-22Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

2025:BHC-AUG:26506 This Order is Speaking to Minutes order of order dated // ( 1 ) 904 CA 4885 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 4885 OF 2025 IN FA/968/2025 VARSHA GAJANAN GOTE AND ORS

VERSUS

SHRIRAM GENERAL INSURANCE COMPANY LTD AND ANR ...

Mr. S. R. Bagal h/f. Mr. S. V. Bhopi, Advocate for Applicants Mr. Abhijit Choudhari, Advocate for Respondent No.1 ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 07.10.2025 PER COURT :- 1.

Motion is moved for speaking to the minutes of order dated 22.09.2025.

2.

Vide order dated 22.09.2025, this Court has permitted the applicants to withdraw Rs.10 Lakh together with interest accrued thereon on furnishing undertaking as also Rs.5 Lakh together with interested accrued thereon on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

3.

Mr. S. R. Bagal h/f. Mr. S. V. Bhopi, learned counsel for the applicants would submit that since applicant no. 2 is minor, his share ought to be directed to be kept in a fixed deposit. He would further submit that

This Order is Speaking to Minutes order of order dated // ( 2 ) 904 CA 4885 OF 2025 inadvertently, the word "applicant" has been used instead of "applicants" in the said order.

4.

In view of the above, the following correction is ordered to be carried out in clause (ii) of the order dated 22.09.2025. The corrected clause (ii) shall read as under :

"The applicants are permitted to withdraw Rs.10 Lakhs together with interest accrued thereon, on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The amount of Rs. 5 Lakh permitted to be withdrawn on furnishing solvent surety/security be deposited in fixed deposit in the name of applicant no.2 till he attain the age of majority and till then applicant no.1 be as a guardian of applicant no.2 would be entitled to receive interest on such deposit, if she so desires."

5.

Necessary corrections be carried out and corrected order be uploaded.

6.

Motion stands disposed of.

[AJIT B. KADETHANKAR, J.] PRW