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Bombay High CourtCA/10307/2021disposed off

Mahananda Somnath Aghav And ORS v. The Reliance General Insurance Co. Ltd., Mumbai And Others

2021-09-29Hon'Ble Shri Justice R. G. Avachat4 pages

CIVIL APPLICATION NO.8529 OF 2020 (Reliance General Insurance Co. Ltd.

Mahananda Somnath Aghav and ors.) Mr.R.R.Karpe, Advocate h/f. Mr.R.H.Dahat, Advocate for applicants Mr.S.D.Munde, Advocate for respondent nos.1 to 4 The Civil Application for paper publication is allowed in terms of prayer clauses (B) and (C).

CIVIL APPLICATION NO.4138 OF 2021 (Reliance General Insurance Co. Ltd.

Mahananda Somnath Aghav and ors.) Mr.R.R.Karpe, Advocate h/f. Mr.R.H.Dahat, Advocate for applicant Mr.S.D.Munde, Advocate for respondent nos.1 to 4 It is reported that respondent no.5, mother of deceased, has passed away. Her legal representatives have already been on record. The applicant/appellant, therefore, to bracket her name.

CIVIL APPLICATION NO.10307 OF 2021 (Mahananda Somnath Aghav and ors.

Reliance General Insurance Co. Ltd.) Mr.S.D.Munde, Advocate for applicants Mr.R.R.Karpe, Advocate h/f. Mr.R.H.Dahat, Advocate for respondent no.1 Heard.

2.

The appeal is proposed to be filed challenging the involvement of the vehicle. Delay is yet to be condoned. Some of the respondents have not been served. It is a death claim. 3.

In the fitness of things, the applicants are permitted to withdraw 25% of the amount in deposit with interest accrued thereon, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this court. The application stands disposed of accordingly. 4.

There shall be no further application for withdrawal of amount for a period of next two years. If the appeal could not be

27-sr.964 decided within said period, the applicants are at liberty to move again for withdrawal of amount.