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Bombay High CourtCA/9370/2023admittedallowedgrantedrule absolute

Suman Prasadrao Shinde And ORS v. The United India Insurance Co Ltd Through Its Branch Manager And ORS

2023-12-18Hon'Ble Shri Justice Arun R. Pedneker3 pages

2023:BHC-AUG:26661 1 38

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 CIVIL APPLICATION NO. 5003 OF 2023 IN FAST/966/2023 SHAIKH AKBAR AMIN SAHEB

VERSUS

SK GYSA SK GOUS AND ORS ...

Advocate for Applicant: Mr. Mayure Pramod C.

Advocate for Respondent No.2: Mr. M. R. Deshmukh ...

WITH CIVIL APPLICATION NO. 347 OF 2023 IN FAST/966/2023 ...

AND ...

CIVIL APPLICATION NO. 345 OF 2023 IN FAST/969/2023 WITH CIVIL APPLICATION NO. 9370 OF 2023 IN FAST/969/2023 ...

Advocate for Applicants in CA/9370/2023:

Mr. Vishant Prabhakarrao Kadam Advocate for Respondent No.1 in CA/9370/2023: Mr. M. R. Deshmukh ...

CORAM:ARUN R. PEDNEKER, J.

DATE :18th DECEMBER, 2023 PER COURT:

1.

Heard.

2 38 2.

The Civil Application No.9370 of 2023 is filed by the applicants for withdrawal of amount. 3.

Having considered the submissions canvassed by the learned counsel for the applicants, all the major applicants are permitted to withdraw 60% apportioned to their share, subject to the usual undertaking to be filed by all the major applicants to the satisfaction of the Registrar (Judicial) of this court.

The applicants no.3 and 4 are minors, their amount be deposited in the fixed deposit.

The widow is also permitted to withdraw quarterly interest every quarter towards the maintenance of the minor children.

4.

Civil Application No.9370 of 2023 stands disposed of accordingly.

5.

In case of any exigency, liberty to mention the matter.

6.

Civil Application No.345 of 2023 to be listed on 17.01.2024.

3 38 7.

Meanwhile, steps to be taken to serve the unserved respondents.

[ARUN R. PEDNEKER, J.] marathe