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Bombay High CourtCA/7364/2025admittedallowedgrantedrule absolute

Kondabai Balaji Salunke And Others v. M/S Shriram Insurance Company Ltd. And ANR..

2025-09-22Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:25973 ( 1 ) ca7364.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 7364 OF 2025 IN FA/2653/2015 KONDABAI BALAJI SALUNKE AND OTHERS

VERSUS

M/S SHRIRAM INSURANCE COMPANY LTD. AND ANR..

WITH CIVIL APPLICATION NO. 6802 OF 2025 IN FA/2653/2015 Mr.S.B. Madde, Advocate for the applicants.

Mr.A.G. Choudhari, Advocate for respondent No.1.

CORAM

: KISHORE C. SANT, J.

DATE : 22.09.2025 PC :- CIVIL APPLICATION NO. 7364 OF 2025 01.

This Civil Application is filed for bringing legal representatives of original claimant on record. The appeal is already withdrawn by the appellant in Lokadalat, however, at that time, there was no intimation given about death of original claimant. This fact was not brought to the notice of learned Members of Lokadalat. The amount is already deposited in the office of this Court. It is, therefore, necessary to bring legal representatives of the original claimant on record. Deceased Vithal died on 08.12.2015. There is delay of 3417 days caused in filing this application.

02.

For the reasons stated in the application, the delay stands condoned. The application is allowed. Cause title of the main appeal be amended within two weeks from today.

( 2 ) ca7364.25 CIVIL APPLICATION NO. 6802 OF 2025 01.

This application is filed for withdrawal of amount deposited by the insurance company in the office of this Court. There is no dispute that present applicants are legal representatives of deceased Vithal. Today by way of an order in another application, this Court allowed to bring legal representatives of deceased Vithal on record. 02.

In view of the above, it would be in the interest of justice to allow present application. Therefore, this Civil Application is allowed in terms of prayer clauses (B) and (C).

[KISHORE C. SANT, J.] snk/2025/Sep25/ca7364.25