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Bombay High CourtCAF/2650/2025allowed

The Branch Manager, The Cholamandalam Ms General Insu. Co. Ltd, Nagpur v. Sindhu Wd/O Babarao Kumbahre And Others

2025-07-29Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 18-CAF 2650.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2650 OF 2025 IN FIRST APPEAL (STAMP) NO. 16942 OF 2023 ( The Cholamandalam M.S.General Insurance Co. Ltd. vs. Sindhu, wd/o Babarao Kumbhare and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. V.D.Akhade, Advocate h/f Mr.Amit Kukday, Advocate for appellant.

Ms. Rohini Mankar, Advocate h/f Mr.P.S.Mirache, Advocate for respondents No. 1 to 3 and 5.

CORAM :

ABHAY J. MANTRI, J.

ATE :

JULY 29, 2025 1) The applicants/respondents No.1 to 3 and 5 have moved this application to release the share of respondent No.4 lying in this Court in their favour equally, as during the pendency of the proceedings, respondent No.4 expired, and the applicants are the only legal heirs of respondent No.4.

2) Learned counsel for applicants further contended that the share of applicant No.5 is also lying in this Court. Therefore, she orally seeks permission to withdraw her share, for which learned counsel for the appellant has given no objection, as the appeal was already disposed of on 17/04/2024. 3) By order dated 17/04/2024, this Court has already directed to disburse the amount lying in the Court as per the award to the respondents/original claimants. Having considered the above direction and the reasons disclosed in the application, as well as no objection of learned counsel for the appellant, the application is allowed as prayed.

2 18-CAF 2650.2025.odt 4) Accordingly, the Registrar (J) is directed to transfer the share of respondent No.4 in favour of the applicants equally, along with accrued interest thereon, in proportionate shares. 5) Likewise, it is further directed to transfer the balance amount to the share of respondent No.5, if any, lying in this Court in her bank account along with accrued interest thereon, within five weeks, on her furnishing bank account details with the Registry.

( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 30/07/2025 10:41:56