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Bombay High CourtIA/8872/2025disposed off

Mrs. Riddhi Ravindra Gawde And ANR. v. Bajaj Alliance General Insurance Company Ltd.

2025-06-19Hon'Ble Shri Justice Shivkumar Dige2 pages

S.S.Kilaje 20- IA-8872-25- withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8872 OF 2025 IN FIRST APPEAL NO. 237 OF 2025 Riddhi Ravindra Gawde ... Applicant

IN THE MATTER OF

Bajaj Allianz General Insurance Co. Ltd.

... Appellant

Versus

Riddhi Ravindra Gawde And Anr.

... Respondents by SONALI SATISH KILAJE Date:

2025.06.21 10:45:43 +0700 SONALI SATISH KILAJE .............

Ms. Kavita Anchan i/b. Mr. Vishal A. Dhende, Advocate for the Applicant. Ms. Yogita Deshmukh Chitnis, Advocate for Appellant.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 19th JUNE, 2025.

P. C. :

1.

By this application, applicant is seeking withdrawal of amount. 2.

It is the contention of learned counsel for the applicant that due to accidental injuries the applicant has suffered 25% permanent physical disability. The applicant needs the amount for daily expenses and medical expenses and she has no source of income, hence requested to allow the application.

3.

It is contention of learned counsel for the appellant - Insurance 1/2

S.S.Kilaje 20- IA-8872-25- withdrawal.doc company that the insurance policy produced on record is fake insurance policy but this fact is not considered by the Tribunal, hence requested to reject the application.

4.

I have heard both the learned counsel. The applicant has suffered 25% permanent physical disability. She needs the amount for daily expenses and medical expenses. The issue raised by the appellant / Insurance Company can be considered at the time of final hearing of the appeal. Hence, considering this fact, I pass following order :

ORDER

(i) The application is allowed.

(ii) The applicant is permitted to withdraw 30% amount out of deposited amount along with accrued interest thereon on out of deposited amount on furnishing usual undertaking.

5.

The Interim application is disposed of.

( SHIVKUMAR DIGE, J.) 2/2