Vaijyanta Datta Hajare And ORS. v. Hdfc Ergo General Insurance Company Ltd Through Branch Manager And ORS.

2025:BHC-AUG:31913 ca12612.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 12612 OF 2025 IN FAST/14524/2024 Vaijyanta Datta Hajare And Ors.

VERSUS

HDFC Ergo General Insurance Company Ltd Through Branch Manager And Ors.

...

Advocate for Applicant : Mr. Hrishikesh V Tungar, Advocate for Respondents : Mr. M.R. Deshmukh .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 19th NOVEMBER 2025 PER COURT :- 1.

This is an application for withdrawal of the amount by applicant Nos. 1, 2 and 4, deposited as per the judgment and award of the Tribunal.

2.

Perused the application. Heard learned advocates for both sides. Learned advocate for the respondents strongly opposed the application and submitted that there is no contract of insurance. Considering the peculiar set of facts and the reasons stated in the application, the application is partly allowed. The applicants are permitted to withdraw 75% of the deposited amount with accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court. Application is disposed of. 3.

In first appeal, call for record and proceedings. (SANJAY A. DESHMUKH, J.) rlj/