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Bombay High CourtCA/59/2024admittedallowedgrantedrule absolute

Mayuri W/O Dnyanoba Rainule And Others v. Hdfc Ergo General Insurance Company Ltd, Thr Its Authorized Signatory Manager, Mumbai And ORS

2026-01-30Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

2026:BHC-AUG:4173 1 114 CA 59-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 114 CIVIL APPLICATION NO. 59 OF 2024 IN FIRST APPEAL NO. 2321 OF 2020 MAYURI W/O DNYANOBA RAINULE AND OTHERS

VERSUS

HDFC ERGO GENERAL INSURANCE COMPANY LTD THROUGH ITS AUTHORIZED SIGNATORY MANAGER, MUMBAI AND OTHERS ...

Mr. Fayaz K. Patel - Advocate for Applicants Mr. M.R. Deshmukh - Advocate for Respondent No.1 Mr. S.S. Wakure - Advocate for Respondent No.3 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

30.01.2026 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

By this application, applicant No.3 seek permission to withdraw their share amount along with the accrued interest thereon. The application was initially filed seeking withdrawal of the amount for the purpose of solemnization of her marriage. The application was filed in the year 2024 and, in the meantime, the marriage has already been performed.

3.

Learned Counsel for applicant No.3 submits that the applicant No.3 had borrowed money from relatives for performing the marriage and, therefore, now seeks permission to withdraw the amount for repayment

2 114 CA 59-2024.odt of the said loan.

4.

Learned Counsel for the respondent No.1 strongly opposed the application by contending that the ground on which the application was filed is no longer available, as the marriage has already been performed. Therefore, he opposed the prayer for granting permission to withdraw the amount.

5.

I have considered the submissions advanced by the learned Counsel appearing for both sides. I am inclined to allow the application by permitting applicant No.3 to withdraw the amount. 6.

The application is allowed in terms of prayer clause 'B'. The applicant No.3 is permitted to withdraw the amount along with the interest accrued thereon.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/