Bombay High CourtCAF/3154/2015ca disposed off

The State Of Maharashtra Through Commissioner Of Police Nagpur Division v. Smt. Kanchan Wd/O Atul Pande And Another

2016-08-22Hon'Ble Shri Justice Z.A. Haq3 pages

1 fa782.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.782 OF 2015 (THE STATE OF MAHARASHTRA THR. COMMISSIONER OF POLICE...VS..SMT. KANCHAN ATUL PANDE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.B.Bissa, A.G.P. for appellant.

Shri G.R.Kothari,adv.h/f.Shri V.R.Chaudhari,adv for Resp. No.1. Shri S.C.Bhalerao, advocate for Respondent No.2. CORAM : Z.A.HAQ, J.

DATED : AUGUST 22, 2016.

CAO NO. 1005/2015 After considering the submissions made by the learned advocates for the respective parties and the facts on record, specially that the respondent No.2-mother of the deceased is aged about 75 years and is not having any other son and her daughters are married, the respondent No.2 is permitted to withdraw Rs.5,00,000/- unconditionally. In addition, the respondent No.2 shall be given interest which accrues on her share deposited in nationalized bank, in January and July every year till disposal of the appeal. The civil application is allowed accordingly. CAF NO. 3154/2015.

It is undisputed that the respondent No.1 has remarried.

2 fa782.15 The learned advocate for the respondent No.1, relying on the judgment given by this Court in the case of New India Assu. Co. Yavatmal Vs. Mona, reported in 2009(6) Mh.L.J. 728, has submitted that the claim of the respondent No.1 is not affected because of her re-marriage. The submission will have to be considered at the time of final hearing. At this stage, the prayer made by the respondent No.1 seeking permission to withdraw the amount is not granted.

The civil application is dismissed.

JUDGE RRaut..

3 fa782.15 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 23/08/2016.