Aparna Ramchandra Chavan And ORS. v. Tata Aig General Insurance Co. Ltd.
Digitally signed by HEMANT CHANDERSEN SHIV Date:
2025.03.18 18:38:32 +0300 HEMANT CHANDERSEN SHIV
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18708 OF 2022 WITH INTERIM APPLICATION NO.18709 OF 2022 IN FIRST APPEAL STAMP NO.19180 OF 2022 Tata AIG General Insurance Co. Ltd.
... Applicant/Appellant vs.
Aparna Ramchandra Chavan & Ors.
... Respondents WITH INTERIM APPLICATION NO.3348 OF 2025 IN FIRST APPEAL STAMP NO.19180 OF 2022 Aparna Ramchandra Chavan & Ors.
... Applicants vs.
Tata AIG General Insurance Co. Ltd.
... Respondents Mr. Pradyumna S. Thakur Desai h/f D. S. Joshi for the Appellant and Applicant in IA Nos.18708/2022, 18709/2022 and Respondent in IA No.3348/2025.
Mr. Ansari Faiyaz for Respondent Nos.1 to 4 in IA Nos.18708/2022, 18709/2022 and Applicant in IA No.3348/2025.
Mr. Rahul Mehta i/b KMC Legal for Respondent No.7. CORAM : SHYAM C. CHANDAK, J.
DATE : 11th MARCH 2025 P.C. :
.
Issue notice to the Respondents in the Interim Applications and aforesaid First Appeal, returnable on 30th April 2025. 2) Mr.Faiyaz, learned Advocate waives service on behalf of Respondent Nos.1 to 4 and Mr.Mehta, learned Advocate waives service on 1/3
behalf of Respondent No.7. In addition to the Court's notice the Appellant to serve the Respondent Nos.5 and 6 by private notice and file the affidavit of service on or before the returnable date. Hamdast allowed. 3) Learned Advocate for the Appellant undertakes to supply copies of the Appeal and Interim Applications to learned Advocate for Respondent No.7.
INTERIM APPLICATION NO.18709 OF 2022 .
Learned Advocate for the Applicant/Appellant submits that the Applicant has deposited the compensation amount along with accrued interest as directed by the Tribunal.
2) In view of the said statement made by learned Advocate for the Applicant, there shall be ad-interim stay in terms of prayer clause (a) till the next date i.e. 30th April 2025.
INTERIM APPLICATION NO.3348 OF 2025 .
Present Application seeking withdrawal of the compensation amount of the share of the Applicants.
2) Considering the reasons stated in the Application and Applicant No.2 being minor, only Applicant Nos.1, 3 and 4 are permitted to withdraw 50% of the compensation amount of their share with 2/3
proportionate interest subject to furnishing usual undertaking that, in case the Appellant succeeds in this Appeal, the Applicants would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount with Nationalized bank giving highest interest from time to time.
[SHYAM C. CHANDAK, J.] 3/3