Reliance General Insurance Co. Ltd., Nagpur Divisional Office, Nagpur v. Smt. Kavita Anil Lokhande And Others

(1) 38.caf.1124.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1124 OF 2023 IN FIRST APPEAL NO.181 OF 2020 Reliance General Insurance Co. Ltd., Nagpur through its Divisional Manager, Nagpur Vs.

Smt. Kavita wd/o Anil Lokhande and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. D. N. Kukday, Advocate for appellant.

Mr. R. D. Bhuibhar, Advocate for respondent Nos.1 to 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 24/04/2023 1.

Present application is seeking permission to withdraw Rs.15,00,000/- requires for the marriage of respondent No.2 deposited by the appellant/Insurance Company.

2.

The learned Tribunal has awarded Rs.66,05,230/-. The Insurance Company has deposited the amount along with accrued interest to the tune of Rs.1,02,06,463/- out which the claimants have already withdrawn Rs.35,72,262/-.

Now the claimant/respondent Nos.1 to 3 are seeking permission for withdrawal of the amount on account of marriage of respondent No.2.

3.

The said application is strongly opposed by the learned Advocate Mr. Kukday for the appellant on the ground that the maximum amount is already withdrawn

(2) 38.caf.1124.2023 by the claimants. Now appeal is to be disposed of at the admission stage itself. So, the appeal be taken for the final disposal by keeping the application pending. 4.

Heard both the sides. Perused the application. There is no dispute regarding the amount deposited by the Insurance Company. Considering the defence raised by the Insurance Company at this stage, in view of the ground raised that the amount is required for the marriage of respondent No.2, the claimants can be permitted to withdraw the amount of Rs.15,00,000/- along with accrued interest, subject to the undertaking to the effect that if the appellant succeeds in the appeal and the judgment is reversed, the respondents shall refund the amount as per the direction of this Court. 5.

With the above said condition, the respondent Nos.1 and 2 are permitted to withdraw the amount of Rs.15,00,000/- for the marriage expenses of respondent No.2 along with the accrued interest. 6.

Amount be disbursed on due identification and verification.

7.

Civil Application is disposed of.

First Appeal No.181 of 2020 1.

Learned Advocate Mr. Kukday for the appellant submitted that paper book is ready but it is prepared in the old format.

2.

Registry to accept the said paper book in old format, considering the appeal is fixed for final disposal

(3) 38.caf.1124.2023 at the admission stage.

3.

Appeal be placed for final hearing after Summer Vacation.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 20:03