Yasmeen Akhtar And ANR. v. The New India Assurance Co. Ltd.
Shubhada S Kadam 64-IA-15264-2024 -withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15264 of 2024 IN FIRST APPEAL NO. 1237 of 2024 Yasmeen Akhtar and anr.
... Applicants In the matter of The New India Assurance Company Limited ... Appellant versus Yasmeen Akhtar and ors.
.... Respondents Mr. Abhijit Desai, Advocate for the Applicants. Ms. Ishita Bhole along with Mr. Mohit Turakhia i/b. Mr. A. S. Vidyarthi, Advocate for the Appellant.
CORAM : SHIVKUMAR DIGE, J.
DATE : 17th JANUARY, 2025.
P.C. :
1.
Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.
2.
By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submits that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. Hence, requested to allow the application.
Digitally signed by SHUBHADA SHANKAR KADAM Date:
2025.01.20 10:34:06 +0530 3.
Learned counsel for appellant - Insurance Company strongly SHUBHADA SHANKAR KADAM objected to allow the application on the ground that the policy produced 1/2
Shubhada S Kadam 64-IA-15264-2024 -withdrawal.doc before the Tribunal was fake and fabricated policy. The said fact is considered by the Tribunal but has passed pay and recovery order, which is erroneous. Hence, requested to reject the application. 4.
I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. The grounds raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order :
O R D E R
1.
The application is allowed.
2.
The applicants are permitted to withdraw 25% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking.
The application is disposed of.
(SHIVKUMAR DIGE, J.) 2/2