Santosh S/O. Ramdas Bhalerao And ORS. v. The Oriental Insurance Co. Ltd. Through Its Divisional Manager.

2025:BHC-AUG:34705 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 13607 OF 2025 IN FA/281/2021 SANTOSH S/O. RAMDAS BHALERAO AND ORS.

....Applicants

VERSUS

THE ORIENTAL INSURANCE CO. LTD. THROUGH ITS DIVISIONAL MANAGER.

.....Respondent Mr. H. P. Kshirsagar, Advocate for the applicants Mr. A. G. Kanade for the respondent [through VC] CORAM : ABHAY J. MANTRI, J.

DATE : 11th DECEMBER, 2025 PER COURT :

1.

The applicants/original claimants have moved this application to permit them to withdraw the entire amount deposited by the respondent- Insurance Company, for which, the learned advocate for the respondent-Insurance Company has objected contending that after considering the facts and merits of the case, this court has earlier passed the order and permitted the applicants to withdraw 50% of the amount. He further submitted that the appellant is ready to work out the matter finally. 2.

In response to the same, the learned advocate for the applicants submitted that presently he does not press the application

(2) for permitting the applicants to withdraw the entire amount. However, he has prayed that, by an order dated 29-04-2022, this court permitted the applicants to withdraw 50% of the amount. However, out of the five applicants, four have withdrawn their respective shares, and Applicant No. 5, Sangita, has not withdrawn the amount of her share because she resides in Surat, Gujarat. Therefore, he urged that she be permitted to withdraw the amount of her share without furnishing an unusual undertaking and verification, and the same be exempted. The applicant No.5 is ready to provide her bank account details to the registry of this court. 3.

Having considered the submissions and perusal of the order dated 29-04-2022, it seems that this court has permitted the applicants to withdraw the 50% amount. The office note dated 1107-2022 indicates that applicants Nos. 1 to 4 have withdrawn their respective shares; however, the share of applicant No. 5 is lying with this court.

4.

In view of the same, I deemed it appropriate to permit the applicant No. 5 to withdraw the said amount without executing a usual undertaking as a condition imposed by this court by order dated 29-04-2022.

5.

As a result, the application is disposed of.

(3) 6.

As a sequel, the applicant is exempted from furnishing a usual undertaking and verification before the Registry. 7.

Needless to clarify that the applicant No.5 is entitled to withdraw the amount of her share as per the order dated 29-042022. 8.

The learned Registrar (J) of this court is directed to transmit the said amount in the bank account of applicant No.5, on her furnishing the bank account details to the registry of this court, subject to her identification by the learned Advocate, within six weeks.

9.

List the appeal on 12-01-2026, for final disposal. [ABHAY J. MANTRI, J. ] VishalK/915ca13607.25.odtok