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Bombay High CourtCA/14034/2025admittedallowedgrantedrule absolute

Anita Sumant Shinde And ORS. v. The New India Assurance Co. Ltd. Aurangabad.

2025-12-19Hon'Ble Shri Justice Abhay S. Waghwase1 pages

2025:BHC-AUG:36486 {1} CA 14034 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14034 OF 2025 IN FA/2567/2016 ANITA SUMANT SHINDE AND OTHERS.

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AURANGABAD .....

Advocate for ApplicantS : Mr. Rajendra D. Sanap Advocate for Respondent : Mr.R.G.Tupe h/f. Mr.S.R.Bodade ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 19 DECEMBER, 2025 PER COURT :- 1.

This Court had decided First Appeal No.2567 of 2016 by judgment and order dated 12-12-2025. It is pointed out by learned counsel for the applicants that when the order was communicated to the clients, it was learnt by him that original claimant no.5 (Shantabai w/o Vrashchik Shinde) had expired, but such aspect made known to him only after decision of the first appeal and therefore, present application is filed seeking directions to the Registry to release the amount in the account of applicant nos.1 to 5. Learned counsel for the applicants also placed on record copy of death certificate of original claimant no.5.

2.

In view of above supervening circumstances, prayer so raised is required to be allowed. Therefore, application is allowed in terms of prayer clause "B" and the same is disposed of. ( ABHAY S. WAGHWASE ) JUDGE SPT