The National Insurance Company Ltd. Through The Regional Manager v. Mangalabai Wd/O Parmeshwar Sathwane And 6 Others

34 CAO-189-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (O) NO.189 OF 2023 [The National Insurance Co. Ltd. ..V/s.. Manglabai Parmeshwar Sathawane and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr D. N. Kukday, Advocate for Applicant/Appellant. Mr K. S. Motwani, Advocate for Respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 14 th MARCH , 202 3 .

.

This is an application for speaking to the minutes stating that claimant Nos.2 and 3 are seeking permission for withdrawal of the balance amount. In paragraph No.4 of Civil Application No.594 of 2022, it has been categorically pleaded that the name of the respondent No.3 is Neelam @ Yuvarani. The aforesaid application came up for hearing and this Court has permitted the respondent Nos.2 and 3 to withdraw the balance amount. Though, the affidavit which is sworn before the Executive Magistrate, Tumsar, contending that Yuvarani and Nilam are of a same person, this Court mentioned the name of the respondent No.3 in the order as per the claim petition.

2.

In view of the reasons mentioned in the application and on perusal of the affidavit, it is apparent that the name of the respondent No.3 is Nilam @ Yuvarani. The earlier application No.594 of 2022 was also supported by the school leaving certificate as well as the affidavit sworn before the Executive Magistrate, Tumsar.

TAMBE

34 CAO-189-2023 3.

In view of the above, respondent No.3 is permitted to withdraw the amount in the name of "Nilam Parmeshwar Sathawane".

4.

Civil application is disposed of.

JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE