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Bombay High CourtCA/8192/2025admittedallowedgrantedrule absolute

Chandrakalabai Keshav Mohite And Others v. The New India Assurance Co. Ltd.,

2025-09-18Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

2025:BHC-AUG:25590 18-SR966.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8192 OF 2025 IN FA/1042/2025 Chandrakalabai Keshav Mohite And Others

VERSUS

The New India Assurance Co. Ltd.

---- Mr.R.B.Muley, Advocate for applicants Mr.R.M.Gaikwad, Advocate h/f. Mr.M.M.Ambhore, Advocate for respondent no.1 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 18, 2025 ORDER :- It is submitted by learned counsel Mr.Deshmukh appearing for the applicant, that vide order dated 02.05.2025, passed in Civil Application No.4334 of 2025 in FAST No.32041 of 2015, permission was granted to the applicant therein to withdraw Rs.3.5 Lakhs, on furnishing solvent surety to the satisfaction of learned Registrar (Judicial). He would further submit that inadvertently, and due to typographical mistake, name of applicant no.3/original claimant - Samiksha d/o. Keshav Mohite. remained to be mentioned in the title clause of Civil Application. He would further submit that for that reason, the Registry is not processing disbursement as is ordered by this Court.

18-SR966 2.

Mr.Rahul M. Gaikwad holding for Mr.M.M.Ambhore, learned counsel for respondent no.1, in all fairness, submits that he has no objection, if the disbursement of amount is also apportioned to the skipped claimant - Samiksha Mohite.

3.

Registry to disburse the amount in accordance with the order dated 02.05.2025 (Supra), thereby making apportionment in favour of original claimant no.3/original respondent no.3 in the First Appeal - Samiksha Keshav Mohite as per her proportionate share. The Civil Application stands disposed of.

[AJIT B. KADETHANKAR, J.] KBP