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Bombay High CourtCAF/397/2024ca disposed off

Reliance General Insu. Co. Ltd., Mumbai, Through Br. Manager, Nagpur v. Shahista Najmusaher Wd/O Syed Karimuddin And Others

2024-03-21Hon'Ble Shri Justice Anil L. Pansare2 pages

43-CAF-397-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 397 OF 2024 IN FIRST APPEAL NO. 807 OF 2023 (Reliance General Insurance Co. Ltd. Vs. Shahista Najmusaher wd/o Syed Karimuddin & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri D.N. Kukday, Counsel for the appellant.

Shri S.S. Deshpande, Counsel for the applicants/respondent nos. 1 to 3.

.....

CORAM : ANIL L. PANSARE, J.

MARCH 21, 2024.

By this application, the applicants/ respondent nos. 1 to 3 - claimants, seek permission to withdraw the entire amount of compensation falling to their share.

2] There were six claimants, out of which three claimants have filed this application, of which applicant no.3 is a minor. The Tribunal has issued directions to invest the amount of share of minors in Fixed Deposit until they become major. The applicant no.2 has become major.

3] In view of above, applicant nos. 1 and 2 are permitted to withdraw 50% of the amount of share falling to their credit along with interest accrued thereon on filing an undertaking that in case the appeal is allowed, the said amount shall be redeposited with interest at such rate the Court may direct.

43-CAF-397-2024 4] The amount be disbursed in the accounts of applicant nos. 1 and 2.

5] The request of applicant no.3 will be considered at the time of final hearing.

6] The Civil Application is disposed of.

FIRST APPEAL NO. 807/2023 7] The learned Counsel for the appellant submits that he will take steps to serve respondent nos. 4 to 6 within two weeks.

(ANIL L. PANSARE, J.) Sumit