Afsana Wd/O. Bashir Mansoori And ORS. v. Kotak Mahindra General Insurance Co. Ltd. Mumbai

LSP 1 508 fast 16509.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Interim Application No.14024 of 2024 [For Withdrawal of amount] IN First Appeal (ST) No. 16509 OF 2024 With Interim Application No.10305 of 2024 With Interim Application No.10306 of 2024 Afsana wd/o. Late Bashir Mansoori and others ...Applicants Digitally signed by LATA SUNIL PANJWANI Date:

2024.10.23 13:19:43 +0530 LATA SUNIL PANJWANI In the matter between:- Kotak Mahindra General Insurance Company Limited ...Appellant V/s.

Afsana wd/o. Late Bashir Mansoori and others

...Respondents

Mr. Sarthak S. Diwan Advocate for the Appellant Mr. Shehzad Naqvi with Dr.

S.A.A. Naqvi Advocate for Respondents CORAM : S.M. MODAK, J DATE : 17 October 2024.

P.C. :

Heard learned counsel for the parties.

2.

Considering the reasons for withdrawal and grounds of the

LSP 2 508 fast 16509.24.doc appeal, 50% withdrawal is proper. Hence, the following order is passed:-

ORDER

(i) The Claimants-Respondents are permitted to withdraw 50% of the awarded amount along with accrued interest on furnishing an undertaking.

(ii) An apportionment be made as per the Award.

(iii) Interim Application for withdrawal stands disposed of. (S.M. MODAK, J.)