Smt. Shobha Dharmraj Sakhre vs Divisional Manager Bajaj Allianz ...
2021 Latest Caselaw 14486 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2021.10.07
             12:18:29 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                 CIVIL APPLICATION NO.3712 OF 2019
                                                                    IN
                                                    FIRST APPEAL NO.218 OF 2020


                                   Shobha Dharmraj Sakhre                  ..            Applicant

                                           Vs.

                                   Divisional Manager Bajaj
                                   Allianz General Insurance Co.
                                   Limited & Ors.                          ..           Respondents


                                                                 ...
                                   Mr. Yogesh Pande for the applicant.

                                   Ms. Yogita Deshmukh for the respondents.

                                                                    ...

                                                      CORAM : SMT. BHARATI DANGRE, J.

                                                      DATED     : 05TH OCTOBER, 2021.

                                   P.C:-

1. An application is taken out by the applicant seeking withdrawal of the amount. Learned counsel for the applicant has invited my attention to the order dated 12/02/2016, wherein this

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court has held that the claimants are entitled to withdraw 20% of the amount out of the total amount being deposited by the respondents subject to the outcome of the first appeal. The operation and implementation of the judgment and award dated 13/03/2015 came to be stayed by the said order.

2. By the present civil application, the applicant is seeking withdrawal of 20% of the amount, out of the total amount deposited by the respondents, without furnishing any security. This application is moved on 16/07/2019. Learned counsel for the applicant makes a categorical statement that the amount of 20% of the deposited amount which was permitted to be withdrawn by order dated 12/02/2016 was not within the knowledge of the applicant and, therefore, the amount was not withdrawn. Learned counsel makes a solemn statement that till today, the claimants have not withdrawn a single penny.

3. In the wake of the grounds set out in the first appeal, which do not extend to more than three grounds and would require a brief hearing, learned counsel for the respondents states that she will file a compilation of documents and the judgments, on which she seeks to place reliance. Learned counsel for the respondent-company shall, therefore, prepare a private paper book within four weeks from today and tender the same so that the appeal can be heard finally. It is also informed that the applicant No.1-claimant has expired and, therefore, the AJN 3/3 07 CAF-3712.19.odt

necessary steps will be taken by the respondent to bring her legal heirs on record.

4. List the matter on 16/11/2021.

[SMT. BHARATI DANGRE, J.]

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