Machhindra Sopan Dethe Since ... vs The New India Assurance Co. Ltd. ...
2021 Latest Caselaw 8352 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                     931 CIVIL APPLICATION NO.4000 OF 2021
                                IN FA/2780/2013


    MACHHINDRA SOPAN DETHE SINCE DECEASED, THROUGH HIS LRS.
                                   RUPALI AND OTHERS
                                        VERSUS
     THE NEW INDIA ASSURANCE CO. LTD. THROUGH ITS DIVISIONAL
                      MANAGER, AURANGABAD AND OTHERS
                                           ...
                        Mr. C.K. Shinde, Advocate for applicants
                 Mr. A.B. Gatne, Advocate for the respondent No.1
                                           ...

                                     CORAM :     SMT. VIBHA KANKANWADI, J.

                                     DATE :      23rd JUNE, 2021.


PER COURT :



1              It appears from the report filed by learned Registrar (Judicial)

that there is no record with this Court as on today regarding filing of any

Special Leave Petition or appeal challenging the Judgment and order passed

by this Court in First Appeal No.2780 of 2013 on 28.01.2021. Now, the

appeal period is over, and therefore, there is no hurdle in disbursing the

amount that has been deposited in this Court. If we get the notings, amount

of Rs.25,000/- was the statutory deposit, that was paid initially. Thereafter,

2 CA_4000_2021

after the order was passed by this Court, amount of Rs.4,95,080/- was

deposited. Out of that amount, an amount of Rs.2,60,040/- appears to have

been withdrawn on 03.04.2014. So, the amount, that is, remaining with this

Court is Rs.2,35,040/- together with interest, as the said amount has been

invested in Fixed Deposit.

2 Learned Advocate Mr. C.K. Shinde appearing for the applicants

points out that the original claimant Nos.2 to 4 have now attained the

majority and further, out of them original claimant No.2 got married during

the First Appeal. In fact, all these things ought to have been brought on

record before the appeal was finally decided, but it appears that no efforts

were taken by the respondents to convey the said fact to this Court.

3 Now, under such circumstance, since applicant No.2 attained the

majority and got married and applicant Nos.3 and 4 have also attained the

majority, the amount, that is, available with this Court is now directed to be

disbursed to them, equally, and it is not necessary to have a joint account in

their name, but it should be given to them in their individual name.

4 With these directions the Civil Application stands disposed of.

( Smt. Vibha Kankanwadi, J. ) agd