Aanna Vitthal Koli And ANR v. Mahesh Dnyandeo Attarade And ANR

2025:BHC-AUG:17622 1 935.CA.6842-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6842 OF 2025 IN FA/386/2025 AANNA VITTHAL KOLI AND ANR

VERSUS

MAHESH DNYANDEO ATTARADE AND ANR ...

Advocate for Applicants : Mr. Bhokarikar Madhav M. (Through V.C.) Advocate for Respondent No.2 : Mr. Abhijit Choudhari ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 8th JULY 2025 PER COURT :

1.

This application is for withdrawal of amount of Rs. 27,43,780/- + Rs.25000/- = Rs. 27,68,780/-.

2.

For the reasons stated in the application, the direction is solicited for withdrawal of the amount.

3.

Learned Counsel Mr. Choudhari opposes the application. 4.

Its a matter of death claim. Applicants are dependent on the deceased person. The quantum awarded by the Tribunal is disputed by the Insurance Company. It is not appropriate to permit disbursement of entire amount. The interest of the justice would be subserved in permitting the Applicants to receive 50% on furnishing undertaking and 25% on furnishing surety/security.

2 935.CA.6842-2025.doc 5.

Civil Application is partly allowed, permitting the Applicants to receive 50% of the amount deposited with accrued interest on furnishing undertaking and further 25% on furnishing surety/security to the satisfaction of Registrar (Judicial) of this Court. 6.

Balance amount shall be invested in the Nationalized Bank. SHAILESH P. BRAHME JUDGE NAJEEB..