Cholamandalam Ms General Insurance Co. Ltd v. Ruksar Jamil Ahmad Shaikh And ORS.

praecipe 3.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR FIRST APPEAL (ST) NO.13400 OF 2024 WITH INTERIM APPLICATION NO.8631 OF 2024 SATISH RAMCHANDRA SANGAR Date: 2024.09.09 18:47:59 +0530 WITH INTERIM APPLICATION NO.8630 OF 2024 Cholamandalam Ms.General Insurance Co.Ltd. ...Applicant/Appellant vs.

Ruksar Jamil Ahmad Shaikha and Ors.

...Respondents

WITH INTERIM APPLICATION NO.11209 OF 2024 IN FIRST APPEAL (ST) NO.13400 OF 2024 Ruksar Jamil Ahmad Shaikha and Ors. ...Applicants vs.

Cholamandalam Ms. General Insurance Co. Ltd. ...Respondents ***** Mr.Salim Mohammed Shaikh:- Advocate for Applicants.

***** CORAM :

S. M. MODAK, J.

DATE :

9th SEPTEMBER, 2024 P. C. :- 1.

Praecipe is moved for modification in paragraph No.13 of the Nikita 1/2

praecipe 3.doc order dated 2nd September 2024 on behalf of the Claimants. Appellant's Advocate is informed.

2.

Para No.13 be modified as follows:-

13. So from the deposited amount 50% i.e. Rs.55,24,659/- is to be invested in the Fixed deposit in the name of minors Claimant Nos.2 and 3. The amount which remains is Rs.55,24,659/- . It is true that the children are the depending upon their mother. This needs to be considered. So also age of the Parents needs to be considered. 3.

Clause No.(iii) of operative part be modified as follows:- (iii) Applicant No. 1-Ruksar is permitted to apply before the tribunal for withdrawal of the interest that will accrue on fixed deposit of Rs.55,24,659/- invested in the name of the two minor children i.e. Applicant Nos. 2 and 3.

4.

Modified order be uploaded accordingly.

[S. M. MODAK, J.] Nikita 2/2