Bajaj Allianz General Insurance Co. Ltd. Thr. Branch Manager, Nagpur v. Vrushali Wd/O Vaibhav Vaidya And Others

1 33fa271.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO. 2608 OF 2025 IN FIRST APPEAL NO. 271 OF 2025 (Bajaj Allianz General Insurance Co Ltd Vs. Vrushali wd/o Vaibhav Vaidya and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Gargi Bhai, Adv h/f Ms. A. Athalye, Advocate for appellant. Mr. S.D. Chopde, Advocate for respondent Nos.1 to 4. Mr. N.A. Parwani, Adv h/f Mr. U. J. Deshpande, Advocate for respondent Nos. 5&6. CORAM : ABHAY J. MANTRI, J.

DATED : 12-08-2025 FIRST APPEAL NO. 271 OF 2025 Heard.

2.

Having considered the grounds raised in the appeal memo, the appeal is 'Admitted'.

3.

Issue notice to the respondents, returnable after six weeks. 4.

Mr. S.D. Chopde, learned counsel, waives notice for respondent Nos. 1 to 4.

5.

Mr. Deshpande, learned counsel, waives notice for respondent Nos. 5 and 6.

6.

Since R & P has been received, the filing of a paper book is dispensed with.

2 33fa271.2025..odt CIVIL APPLICATION NO. 2608 OF 2025.

The applicants/respondent Nos. 1 to 4 have filed the application to permit them to withdraw the amount deposited by the appellant, for which learned counsel for the appellant has objected. 2.

Having considered the reasons disclosed in the application as well as gone through the impugned judgment, I do not find substance in the objection of learned counsel for the appellant. However, I deem it appropriate to grant permission to withdraw 75% of the amount to the applicants, provided they furnish a usual undertaking. As such, the application is partly allowed.

3.

The applicants are permitted to withdraw 75% amount along with interest accrued thereon, on their furnishing a usual undertaking.

4.

The Registrar (J) is directed to transmit 75% amount along with interest to the bank account of the applicants, on their furnishing the usual undertaking and bank account details to the Registry.

(ABHAY J. MANTRI, J.) Belkhede