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Bombay High CourtIA/13781/2024dismissed for nonprosecutiondefault at final hearing stage

Reliance General Insurance Co. Ltd., Mumbai v. Savita Dnyaneshwar Gadekar And ORS.

2025-03-10Hon'Ble Shri Justice Shyam C. Chandak2 pages

WAKLE MANOJ JANARDHAN Manoj 20-IA-1932-2025.doc WAKLE MANOJ JANARDHAN Date: 2025.03.13 18:54:56 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1932 OF 2025 IN FIRST APPEAL (ST) NO.22939 OF 2024 Smt. Savita Dnyaneshwar Gadekar And Ors.

...Applicants

IN THE MATTER OF

Reliance General Insurance Co. Ltd.

...Appellant Vs.

Smt. Savita Dnyaneshwar Gadekar And Ors.

...Respondents

WITH INTERIM APPLICATION NO.13781 OF 2024 IN FIRST APPEAL (ST) NO.22939 OF 2024 Reliance General Insurance Co. Ltd.

...Applicant Vs.

Smt. Savita Dnyaneshwar Gadekar And Ors.

...Respondents

Respondent Nos.1 to 4 Org. Applicants WITH FIRST APPEAL (ST) NO.22939 OF 2024 WITH INTERIM APPLICATION NO.13782 OF 2024 Reliance General Insurance Co. Ltd. Mumbai ...Appellant Vs.

Smt. Savita Dnyaneshwar Gadekar And Ors.

...Respondents

Shri. Yogesh Pande, for the Applicants in IA/1932/2025. Ms. Shalini Shankar, for the Applicant in IA/13781/2024. CORAM : SHYAM C. CHANDAK, J.

DATED : 10th MARCH, 2025 P.C. :- INTERIM APPLICATION NO.1932 OF 2025 .

Present Application is filed by Respondent Nos.1 to 4 and they are seeking permission to withdrawal of the compensation amount of their share.

1/2

Manoj 20-IA-1932-2025.doc 2) Considering the reasons stated in the Application, the Respondents are permitted to withdraw 50% of the compensation amount of their share with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Respondents would refund the said amount alongwith interest as would be directed by this Court. The Tribunal shall invest remaining amount with Nationalized Bank giving highest interest from time to time. 3) Application stands disposed of, accordingly.

INTERIM APPLICATION NO.13781 OF 2024 .

This Application seeking to condone the delay in filing the aforesaid Appeal. As per the office note, the Appeal is filed in time. 2) Hence, the Application does not survive and stands disposed of, accordingly.

FIRST APPEAL (ST) NO.22939 OF 2024 .

Issue notice to the Respondents, returnable on 21st April, 2025. 2) Mr.Pande, waives notice on behalf of the Respondent Nos.1 to 4.

3) The Appellant to provide copies of the Appeal to the Registry, for service of notice on Respondent No.5. In addition to Court's notice, the Appellant to serve the Respondent No.5 with private notice and file affidavit of service on or before the returnable date. Hamdast allowed. (SHYAM C. CHANDAK, J.) 2/2