Sangita Eknath Mogal And ORS v. The New India Assurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ORS

916-CA-8385-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 8385 OF 2018 IN FA/712/2010 SANGITA EKNATH MOGAL AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD AND ORS ...

Advocate for Applicants : Ms. Sunita G. Sonawane ....

CORAM :

V.L. ACHLIYA, J.

DATED : 02nd AUGUST, 2018 PER COURT:- 1.

The applicant no.1 has moved this application for withdrawal of amount i.e. 4,82,740/- lying invested in the fixed deposit in the name of applicants no. 3 and 4, the minors.

2.

Learned counsel for the applicant submits that the applicant no. 1 has made application for withdrawal of amount as she is in need of money to perform the marriage of the applicant no. 3 and for the purpose of education of applicant no. 4. Since the sufficient amount has already been paid to applicants no. 3 and 4, and order of investment of amount was passed keeping in view the interest of minors, the request of the applicant no.1 cannot be entertained. The applicants no. 3 and 4 can certainly move the Court for permission to withdraw the amount after attaining the age of majority. I am therefore not inclined to allow the application. The applicants no. 3 and 4 may apply for withdrawal of the amount after attaining the age of majority. 3.

The civil application stands rejected.

( V.L. ACHLIYA ) JUDGE SPR