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Bombay High CourtCAF/1445/2023allowed

Reliance General Insurance Co. Ltd.,Nagpur Through Authorized Officer, Mumbai v. Smt. Bhawika Wd/O Prakash Ambade And Others

2023-07-13Hon'Ble Smt. Justice M. S. Jawalkar2 pages

24 caf 1445-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1445/2023 IN FIRST APPEAL NO. 140/2023 Reliance General Insurance Co. Ltd., Nagpur through Authorized Officer, Mumbai Vs.

Smt. Bhawika Wd/o Prakash Ambade and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri D.N. Kukday, Advocate for appellant Ms M.M. Zunke, Advocate for respondent Nos. 1 to 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 13/07/2023 Present application is filed by respondent Nos. 1 to 3/original claimants for grant of permission to withdraw decreetal amount deposited by the appellant with this Court. The appellant has deposited total decreetal amount along with accrued interest on 08/03/2023.

2.

Respondent No.1 is a widow and respondent Nos. 2 and 3 are son and daughter of deceased Prakash Ambade.

3.

For the reasons stated in paragraph No.5, it would be appropriate to allow the respondent Nos. 1 to 3 to withdraw 50% of total amount of compensation and accrued interest thereon. Accordingly, proceed to pass the following order :

Jayashree..

24 caf 1445-2023.odt

ORDER

i) Application is partly allowed.

ii) Respondent Nos. 1 to 3 are permitted to withdraw 50% of decreetal amount deposited along with accrued interest on furnishing undertaking to the effect that they would redeposit the amount, if appellant would succeed in first appeal.

iii) After the disbursement of amount, out of remaining amount, amount be deposited in fixed deposit as per Clause - 6 of the award.

FIRST APPEAL NO. 140/2023 Re-issue notice to the respondent No.4, returnable within three weeks.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..