The New India Assurance Co. Ltd., Thane v. Gousai Bashir Shaikh And ORS.

25-IA-387-2024+IA-388-2024+IA-12991-2024-IN-FA(ST)-839-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by SATISH RAMCHANDRA SANGAR Date:

2024.09.30 18:44:57 +0530 INTERIM APPLICATION NO.387 OF 2024 SATISH RAMCHANDRA SANGAR WITH INTERIM APPLICATION NO.388 OF 2024 IN FIRST APPEAL (ST) NO.839 OF 2024 The New India Assurance Company Limited ...Applicant/Appellant vs.

Gousai Bashir Shaikh and Ors.

...Respondents

WITH INTERIM APPLICATION NO.12991 OF 2024 IN FIRST APPEAL (ST) NO.839 OF 2024 Gousai Bashir Shaikh and Ors.

...Applicant vs.

The New India Assurance Company Limited and Anr.

...Respondents

***** Mr.Himanshu Takke i/b.

Mr.Milind More:- Advocate for Applicant in Interim Application Nos.387 of 2024 and 388 of 2024.

Ms.Rina Kundu:- Advocate for Respondent Nos.1 to 7.

***** CORAM :

S. M. MODAK, J.

DATE :

27th SEPTEMBER 2024 P. C. :- Satish Sangar 1/2

25-IA-387-2024+IA-388-2024+IA-12991-2024-IN-FA(ST)-839-2024.doc 1.

Heard learned Advocate for the Applicant and learned Advocate for the Claimants.

2.

There is a delay in preferring the Appeal, so also, withdrawal Application is there. The Claims Tribunal - Thane considered the Income Tax Return. It was submitted after his death. 3.

Learned Advocate for the Appellant wants to rely upon a judgment on the ground, that such Return cannot be the basis for ascertaining the income.

4.

Stand over to 4th October 2024.

[S. M. MODAK, J.] Satish Sangar 2/2