New India Assurance Comp.Ltd., Amravati v. Shama Afroz Wd/O Abdul Salim And Others

02.caf.2122.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.

OF 20 IN FIRST APPEAL NO.

OF 20 (New India Assurance Co. Ltd. Vs. Shama Afroz wd/o Abdul Salim and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms Aastha Sharma, Advocate h/f Shri P.R. Agrawal, Advocate for respondent No.4.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JANUARY , 2023.

Heard.

2.

By this application, applicant/respondent No.4 is seeking permission for withdrawal of amount. First appeal is already dismissed in default for noncompliance of order dated 07/04/2017. 3.

In view of withdrawal, respondent No.4 was minor at the relevant time, therefore, her share in the compensation was kept in fixed deposit. Now she has attended the age of majority. The application is supported by the affidavit. It is further contention of the respondent No.4 that her name was mentioned as "Heena Parveen d/o Abdul Salim", however her name on record shows "Mahek Parveen Mohammad Saleem". She also filed affidavit on record along with copy of Adhar card. The contents of the affidavit shows that Heena Parveen and Mahek Parveen are the same person.

4.

In view of affidavit, I am satisfied that Heena and Mahek are the one and same person.

02.caf.2122.2022.odt 5.

In view of that the amount deposited in the name of respondent No.4 be disbursed along with accrued interest to her on due verification and identification. 6.

Civil application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant