Shaikh Akbar Amin Saheb vs Sk Gysa Sk Gous And Ors
2024 Latest Caselaw 1664 Bom

Bombay High Court

Shaikh Akbar Amin Saheb vs Sk Gysa Sk Gous And Ors on 19 January, 2024

2024:BHC-AUG:1590
                                                   1                     28-CA-5003-23.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                                  CIVIL APPLICATION NO. 5003 OF 2023
                                            IN FAST/966/2023

                                   SHAIKH AKBAR AMIN SAHEB
                                             VERSUS
                                 SK GYSA SK GOUS AND OTHERS
                                                ...
                          Advocate for Applicant : Mr. Pramod C. Mayure
                        Advocate for Respondent No.2 : Mr. M. R. Deshmukh
                                                ...

                                                       CORAM : S. G. MEHARE, J.

                                                       DATE     : 19-01-2024

                PER COURT :-

1. Heard the learned counsel for the applicant and the learned

counsel for respondent No.2/insurer.

2. Learned counsel for respondent No.2 objected the

application and contended that there is no evidence that the so-

called truck had not dashed to the car wherein the applicant was

occupying the seat. He has also argued that the applicant was

alone in the car. However, a false case is filed only with a view to

extract the money from the insurance company. He also argued

that the applicant was in service, therefore, he has suffered no

financial loss.

2 28-CA-5003-23.odt

3. Considering the facts and circumstances of the case, the

application deserves to be allowed partly. Hence, the order;

i) The application is allowed.

ii) The applicant is permitted to withdraw 75% of the amount

deposited with accrued interest thereon, on furnishing an

undertaking that he will re-deposit the amount if the

judgment is reversed.

( S. G. MEHARE ) JUDGE

rrd