Reliance General Insurance Co. Ltd., Thr. Manager, Nagpur Office, Nagpur v. Vanmala Ramesh @ Rameshwar Tote And Others

14 fa 1580-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLN. (CAF) NO.1580/2020 Reliance General Insurance Co. Ltd. through its Manager, Nagpur Vs.

Mamta wd/o Manohar Dhanbhate and others.

WITH CIVIL APPLN. (CAF) NO.1582/2020 Reliance General Insurance Co. Ltd. through its Manager, Nagpur Vs.

Smt. Vanmala Ramesh @ Rameshwar Tote and others. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri D.N. Kukday, Advocate for appellant.

Shri A.C. Chaphale, Advocate for respondent No.7. CORAM : M.S. KARNIK , J .

DATED : 25/04/2022 Learned Counsel for the appellant submits that the entire decreetal amount has been deposited.

The office note shows that notice of respondents is unserved as the address furnished is reported to be not correct.

Learned Counsel for the appellant to take necessary steps within a period of two weeks.

14 fa 1580-2020.odt C IVIL APPLICATION (CAF) NO.971/2022 This is an application by the claimants for withdrawal of the decreetal amount which has been deposited by the appellant-Insurance Company. This application is opposed by the learned Counsel appearing on behalf of the appellant. It is contended by the learned Counsel for the respondent-claimant that the respondent no.1 is the wife of deceased Ramesh Tote. The claimant no.2- Gopal Ramesh Tote is son of the deceased.

Considering the averments made in the application and having regard to the findings rendered by the Tribunal, I am of the opinion that for the present, the claimants should be allowed to withdraw 50% of the amount deposited in this Court with liberty to the claimants to move appropriate application for withdrawal of the balance amount at the latest stage. Hence, the claimants are permitted to withdraw 50% of the amount deposited in this Court by the appellant-Insurance Company. In the event, the application is moved for withdrawal of the balance amount, the same shall obviously be considered on its own merits. Civil Application is partly allowed and disposed of. [JUDGE] R.S.Sahare Signed By:RANJANA SAMEER SAHARE