Cholamandalam Ms General Insurance Co. Ltd., Thr. Branch Manager, Nagpur v. Smt. Faridabano Abdul Rashid And Others

2023:BHC-NAG:17203 32fa113-21 amended.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF NO.3609 OF 2023 IN FIRST APPEAL NO.113 OF 2021 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., THR. BRANCH MANAGER, NAGPUR VS SMT. FARIDABANO ABDUL RASHID AND OTHERS ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Naik, Advocate for the Appellant/s Shri Alaspurkar, Advocate for the Respondent Nos.1 to 5 CORAM : ANIL S. KILOR, J.

DATE : 14.12.2023 1.

Heard.

2.

This is an application for withdrawal of amount deposited by the appellant.

3.

The respondent Nos.1 to 4 and 4A are seeking permission to withdraw the amount for the reason that there is a marriage in their family on 04.02.2024.

4.

Considering the reasons recorded by this Court in the order dated 04.01.2022, more particularly, in paragraph 9 of the order, I am of the opinion that if the respondent nos.1 to 4 and 4A are permitted to withdraw Rs.1 Lakh, no prejudice would be caused to the appellant. Accordingly, the application is partly allowed. 5.

The respondent Nos.1 to 4 and 4A are permitted to withdraw Rs.1 Lakh from the balance amount lying with the Registry, deposited by the appellant.

nd.thawre

32fa113-21 amended.odt 6.

The Registry is directed to release the amount in the name of one of the respondents out of the respondent Nos.1 to 4 and 4A if others give consent in favour of anyone of them, else equal amount shall be disbursed in the name of respondent Nos.1 to 4 and 4A.

[ANIL S. KILOR, J.] nd.thawre