The Branch Manager, Cholamandalam General Insurance Co. Ltd. v. Uttam Kisan Gholap And ORS

2025:BHC-AUG:32622 This Order is Speaking to Minutes order of order dated // {1} FA 4081 OF 2017 STM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 4081 OF 2017 WITH CIVIL APPLICATION NO. 13984 OF 2016 IN FA/4081/2017 The Branch Manager, Cholamandalam General Insurance Company Ltd., Head Office, Dare House, 2nd Floor, N.C. Bose Road, Chennai (Tamil Nadu), Branch Office at Kapil Towers, "C" Wing, 45, Dr.Babasaheb Ambedkar Road, Near RTO Office, Pune. Thr. Its Authorized Signatory/ Branch Manager, Aurangabad - 431 001.

....Appellant

Versus

1.

Uttam Kisan Gholap Age: 54 years, Occu.: Service & Agriculture, R/o. Hanumantgaon, Taluka Rahata, District Ahmednagar.

2.

Yunus Yusuf Deshmukh Age: Major, Occu.: Driver, R/o. Belapur Road, Shahunagar, Bhagwatipur, Taluka Rahata, District Ahmednagar.

3.

Yusufkhan Jamiya Shaikh Age : Major, Occu.: Trader, R/o. Sindhutainagar, Loni Bk., Taluka Rahata, District Ahmednagar.

.....Respondents .....

Advocate for Appellant : Mr. Abhijit G. Choudhari Advocate for Respondent no.1 : Mr. Vijay R. Autade .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 02 DECEMBER, 2025 PER COURT :

1.

This motion is moved for speaking to minutes of the Judgment and order dated 27-11-2025.

This Order is Speaking to Minutes order of order dated // {2} FA 4081 OF 2017 STM 2.

Mr.Autade, learned counsel for respondent no.1 submits that, in this matter, he appeared only on behalf of respondent no.1, however, inadvertently in title clause and in paragraph 7 of the Judgment, his appearance is shown for respondent nos.1 and 2. He further submits that inadvertently respondent no.3/owner, is not included in the title clause of Judgment. He further submits that respondent no.1/claimant may be permitted to withdraw the amount lying in this Court along with interest as directed by learned Tribunal. 3.

In view of above submissions, Mr.Vijay R.Autade's appearance be shown for respondent no.1 only in title clause as well as in paragraph 7 of the Judgment, name of respondent no.3/owner be included in the title clause, and in the operative part of the Judgment, clause (III) be added stating that "Permission is granted to Respondent no.1/claimant to withdraw the amount lying in this Court along with interest as directed by the learned Motor Accident Claims Tribunal, Shrirampur, District Ahmednagar." 4.

Necessary corrections be carried out and corrected copy be uploaded.

5.

Motion is accordingly disposed of.

( ABHAY S. WAGHWASE ) JUDGE SPT