Asha Chetansing Mahajan And ORS v. Cholamandalam M.S. General Insurance Co. Ltd., Thr Its Divisional Manager, Aurangabad And ORS

917 CA 11818-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 11818 OF 2024 IN FIRST APPEAL NO. 3547 OF 2019 WITH CIVIL APPLICATION NO. 5499 OF 2021 IN X-APLST/18710/2020 ASHA CHETANSING MAHAJAN AND OTHERS

VERSUS

CHOLAMANDALAM M.S. GENERAL INSURANCE COMPANY LTD THROUGH ITS DIVISIONAL MANAGER AURANGABAD AND OTHERS ...

Mr. Madhav M. Bhokarikar - Advocate for Applicants Mr. A.G. Choudhari - Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 16th JANUARY, 2025 PER COURT :

1.

This is an application filed for withdrawal of the amount. 2.

Perused the application. Heard learned advocate for the applicants and learned advocate for respondent No.1. 3.

Learned advocate for the applicants pointed out the order passed by this Court in (Asha Chetansing Mahajan and Ors. Vs. Cholamandalam M.S. General Insurance Company Ltd. through its Divisional Manager Aurangabad) dated 19.06.2021. 4.

Perused the said order as well as heard the learned advocates Pooja Kale 1/2

917 CA 11818-2024 for both sides.

5.

Learned advocate for respondent No.1 strongly objected the application.

6.

Considering the reasons stated in the application, the application is allowed as under :

ORDER

(i) The applicant No.4 is entitled to withdraw 4,00,000/- (rupees Four lacs only) alongwith accrued interest thereon on filing usual undertaking. (ii) The application is allowed and disposed of.

CIVIL APPLICATION NO. 5499 OF 2021 IN X-APLST/18710/2020 7.

Issue notice to the respondents, returnable on 27th February, 2025.

8.

Learned advocate - Mr. Abhijit G. Choudhari waives service of notice for respondent No.1.

[ SANJAY A. DESHMUKH ] JUDGE Pooja Kale 2/2