The Cholamandalam M.S. General Insurance Co. Ltd. Through Branch Manager, Nagpur v. Nanada Wd/O Dhanedra Meshram And Others

2024:BHC-NAG:9280 1 22-caf-114-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 114 OF 2023 IN FIRST APPEAL (ST) NO. 17668 OF 2022 The Cholamandalam M. S. General Insurance Co. Ltd. Vs.

Nand Wd/o. Dhanendra Meshram and others WITH CIVIL APPLICATION (CAF) NO. 2280 OF 2022 IN FIRST APPEAL (ST) NO. 14009 OF 2022 The Cholamandalam M. S. General Insurance Co. Ltd. Vs.

Abdul Hamid S/o. Abdul Rajjak and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Mrs. Mrunal Naik, Advocate for applicant.

Shri P. S. Mirache, Advocate for non-applicant no. 1 (in CAF No. 2280/22), CORAM :- M. W. CHANDWANI, J.

DATED :- 20.08.2024 CAF NO. 2269/2024 [In FA (St) No. 17668/2022] The learned counsel for the appellant has tendered the application across the bar. It is taken on record.

2.

For the reason mentioned in application, the application is allowed and the appellant is permitted to serve the respondent no. 4 by paper publication. RR Jaiswal

2 22-caf-114-23.odt CAF NO. 1692/2024 [In FA (St) No. 17668/2022] 3.

By the present application, respondent nos. 1 to 3 are seeking permission to withdraw the decretal amount deposited by the appellant. Considering the statement as well as the directions in the operative order of the award, respondent nos. 1 to 3 are permitted to withdraw 25% of their respective shares along with accrued interest.

4.

The application is disposed of accordingly.

CIVIL APPLICATION (CAF) NO. 2280 OF 2022 5.

By filing pursis, the learned counsel for the appellant submits that respondent no. 2 died during the pendency of the claim petition and no other legal representative was brought on record as respondent no. 1- husband of the deceased, was already on record. It appears that the award has been passed against deceased respondent no. 2.

6.

Be that as it may, the fact remains is that according to the appellant, the legal representative of deceased respondent no. 2 is already on record. Hence, permission is granted to the appellant to delete the name of respondent no. 2 from array of respondent. Necessary correction be carried out before the next date of hearing. 7.

Stand over after two weeks.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 21/08/2024 17:07:12 RR Jaiswal