Reliance General Insurance Co. Ltd., Thr. Authorized Signatory, Nagpur v. Ramkrushna S/O Gangaram Valake And Others

41-CAF-893-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 893 OF 2022 IN FIRST APPEAL NO. 155 OF 2023 (Reliance General Insurance Co. Ltd. Vs. Ramkrushna s/o Gangaram Valake & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri H.N. Verma, Counsel for the appellant (through VC). Shri K.P. Mirache, Counsel for the applicants/respondent nos. 1 to 3.

.....

CORAM : ANIL L. PANSARE, J.

MARCH 21, 2024.

By present application, the applicants/ respondent nos. 1 to 3 - claimants, seek permission to withdraw the amount deposited by the appellant. 2] The learned Counsel for the appellant has opposed the application on the ground that there is serious dispute about the vehicle being insured with the appellant. However, the learned Counsel for the applicants submits that this objection was neither raised before the Tribunal nor was any evidence led in this regard.

3] In view of above, it will be appropriate to permit the applicants to withdraw 50% of the amount deposited along with interest accrued thereon on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct.

4] The Civil Application is disposed of.

41-CAF-893-2022 FIRST APPEAL NO. 155/2023 5] List once R & P is received.

(ANIL L. PANSARE, J.) Sumit