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Bombay High CourtCAF/1695/2024ca disposed off

The New India Assurance Co. Ltd. Through Regional Manager, Nagpur v. Smt. Sangita Rajubhau Sose And Others

2024-11-29Hon'Ble Shri Justice Sanjay Anandrao Deshmukh3 pages

2024:BHC-NAG:13032 1 5-CAF-1695-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1695 OF 2024 IN FIRST APPEAL NO. 380 OF 2014 THE NEW INDIA ASSURANCE CO. LIMITED Vrs.

SMT. SANGITA RAJUBHAU SOSE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Mahesh Rai, Advocate for respondent Nos.1 to 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 29/11/2024.

1.

The prayer of the learned advocate for respondent Nos.1 to 3 cannot be allowed, as the appeal has already been disposed of.

2.

Therefore, the application is disposed of.

CIVIL APPLICATION (CAF) NO. 2495 OF 2024 3.

This is an application for permission to withdraw the amount deposited as per the order of this Court dated 04/10/2016.

4.

Perused the application.

5.

Heard learned Advocate for the respondent Nos.1 to 3.

6.

Considering the fact that, the application is allowed as prayed.

2 5-CAF-1695-24.odt 7.

Registry is directed to pay the amount to NonApplicant No.2 - Mayur Rajubhau Sose along with accrued interest, which is kept in Fixed Deposit as per the order dated 04/10/2024.

8.

The application is disposed of.

CIVIL APPLICATION (CAF) NO. 2496 OF 2024 9.

This is an application for permission to withdraw the amount deposited as per the order of this Court dated 04/10/2016.

10.

Perused the application.

11.

Heard learned Advocate for the respondent Nos.1 to 3.

12.

Considering the fact that, the application is allowed as prayed.

13.

Registry is directed to pay the amount to NonApplicant No.1 - Sangita Rajubhau Sose along with accrued interest, which is kept in Fixed Deposit as per the order dated 04/10/2024 as the Non-Applicant No.3 - Ku. Namrata Rajubhau Sose is reported to be dead on 21/06/2020, who is the daughter of Applicant No.1 14.

Application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO. 2497 OF 2024 15.

Shri Mahesh Rai, learned advocate submits that as per the order dated 04/10/2016, Rs.14,00,000/- was already withdrawn by respondent No.1, 5 and 6 and respondent No.1 has already withdrawn amount of Rs.10,00,000/- out of Rs.14,00,000/-.

3 5-CAF-1695-24.odt 16.

The respondent Nos.5 and 6 have withdrawn Rs.2,00,000/- each and remaining amount along with accured interest is permitted to be withdrawn by respondent Nos.1 and 2, as respondent Nos.5 and 6 died. 17.

Application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 30/11/2024 14:51:41