Bharti Axa General Insurance Company, Amravati Thr. Its Manager (Legal), Shri Idris Zahid Khanwala v. Mangala Wd/O Gajanan Bambal And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2876 OF 2025 in FIRST APPEAL NO. 982 OF 2018 (Bharti Axa General Insurance Company Vs. Mangala wd/o Gajanan Bambal and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.D. Bhuibhar, Advocate for appellant.

Mr. D.S. Khushlani, Advocate for the applicants. CORAM : ABHAY J. MANTRI, J.

DATED : 11-08-2025.

Heard.

2.

The applicants/respondent Nos. 1 to 6 have filed this application to permit them to withdraw the amount deposited in this Court as per order dated 21.10.2024 along with interest accrued on amount of Rs. 12,58,539/- for which learned counsel for appellant has given no objection as the matter has been settled between the parties before the Court on 21.10.2024.

3.

It is further contended that after the disposal of the First Appeal, on 01.02.2025, the respondent No. 7, i.e., the mother of the deceased, had passed away. Respondent Nos. 1 to 6 are the legal heirs of the deceased, as well as respondent No. 7, and therefore, they are entitled to withdraw the share of respondent No. 7 equally. 4.

Perused the joint Pursis as well as the order dated 21.10.2024, and the record reveals that the applicants are entitled to withdraw an amount of Rs. 11,58,539/- along with interest accrued on Rs. 12,58,539/- in equal share. As such, the applicants are entitled to withdraw an amount of Rs. 11,58,539/- along with interest accrued in six equal shares, if not already withdrawn.

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Registrar (J) is directed to transmit the amount of Rs. 11,58,539/- along with interest accrued on the amount deposited by the appellant in this Court, i.e. Rs. 12,58,539/-, within six weeks, on their furnishing bank account details to the Registry in equal share. (ABHAY J. MANTRI, J.) Belkhede