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Bombay High CourtCA/12768/2024admittedallowedgrantedrule absolute

Jamnabai Morilal Dalvi And Others v. United India Insurance Company Ltd Aurangabad Through Its Branch Manager And ORS

2024-12-12Hon'Ble Shri Justice Kishore C. Sant3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 CIVIL APPLICATION NO. 12767 OF 2024 IN FA/2120/2024 Jamnabai Morilal Dalvi And Ors

VERSUS

United India Insurance Company Ltd Aurangabad Through Its Branch Manager And Ors WITH CIVIL APPLICATION NO. 12768 OF 2024 IN FA/2120/2024 ...

Mr. Vinayak D. Patnurkar, Advocate for Applicant. Mr. Swapnil S. Rathi Advocate for Respondent No.1. CORAM : KISHORE C. SANT, J.

DATE : 12th DECEMBER 2024 PC :- CIVIL APPLICATION NO. 12767/2024 1.

This application is for direction to the office to allow the applicant No.5 to withdraw the amount. This Court though, had earlier passed an order allowing the applicant to withdraw the amount. It is submitted that name of the Respondent No.5 appears in the proceedings as "Papatbai" whereas in the Aadhar Card same is typed as "Popatbai".

( 2 ) 2.

He submits that therefore office finds difficulties to allow withdrawal. Considering the above, the appellants to correct the name of Papatbai as "Popatbai".

3.

After the correction is carried out, office to allow the applicant No.5 to withdraw the amount.

4.

Amendment be carried out within a period of two weeks from today.

CIVIL APPLICATION NO. 12768/2024 1.

This application is filed by applicant Nos.2 and 3 for withdrawal of the amount of compensation of the share of applicant Nos. 2 and 3. 2.

This Court by an order dated 17th October 2024 has already allowed other applicants to withdraw the amount of their share. However, applicant Nos.2 and 3 were shown to be minor. The applicants have now produced on record copies of Aadhar Card on record showing that the date of birth of Raj M. Dalvi is 18th October 2006 and Ajay M. Dalvi is 14th November 2004.

3.

Considering above, now they are major. They are also permitted to withdraw the amount of their share in terms of order dated 17th October

( 3 ) 2024 passed by this Court in Civil Application No. 9511 of 2024 in First Appeal No.2120 of 2024.

4.

With this, Application stands disposed off.

[KISHORE C. SANT, J.]