Dismissed

Reliance General Insurance Co.Ltd., Mumbai v. Poonam Maruti Sasne Thr.Its Natural Guardian Ganesh Dattatraya Harihar and Ors.

Bombay HC13 Sept 2023IA/3061/2022

Case brief

AI extract

What is this about?

In two interim applications, the Bombay High Court confirmed an injunction requiring an insurance company to retain deposited decretal amount pending appeal, while permitting 50% withdrawal for the claimant's education subject to an undertaking to return the sum if the appeal fails, and directing investment of the balance in fixed deposits.

What did the court decide?

50% of the deposited decretal amount is allowed to be withdrawn by furnishing an undertaking to return the amount with interest if the appeal fails; the balance is to be invested in fixed deposits.

Reliance General Insurance Co.Ltd., Mumbai Vs Poonam… — Banking and Recovery | Bombay HC (2023)

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9-ia3061-22.doc

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vai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Digitally signed VASANT by VASANT ANANDRAO ANANDRAO IDHOL IDHOL Date: 2023.09.14 15:31:22 +0530

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INTERIM APPLICATION NO.3061 OF 2022 IN FIRST APPEAL NO.412 OF 2022

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Reliance General Insurance Co. Ltd. ...Applicant V/s. Poonam M. Sasne & Ors. ...Respondents

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None for the Applicant.

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Mr.R.C. Barge for Respondent No.1.

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Mr.Ganesh Bhujbal i/b Mr.Balasaheb Deshmukh for Respondent No.2.

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CORAM : RAJESH .S. PATIL, J. DATE : 13TH SEPTEMBER, 2023.

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P.C. :-

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This Interim Application is filed seeking stay of the

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impugned judgment and order dated 15 June 2021 passed by MACT, Pune.

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The order dated 19 April 2023, interim injunction was granted subject to the Appellant Insurance Company depositing the entire decretal amount before MACT, Pune.

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Advocate for Respondent No.1 states that the Insurance Company has deposited the entire decretal amount before MACT,

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Pune. Hence this Interim Application is disposed of and interim injunction granted by an order dated 19 April 2023 is hereby confirmed till the disposal of the First Appeal.

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Interim Application is accordingly disposed of.

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INTERIM APPLICATION NO.13683 OF 2023 IN

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FIRST APPEAL NO.412 OF 2022

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Poonam M. Sasne ...Applicant V/s. Reliance General Insurance Co. Ltd. ...Respondents

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This Interim Application is filed by the Original Claimant for withdrawal of the decretal amount deposited by the Insurance Company.

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It is the case of the Applicant that her mother was doing flower business of selling the same at market yard. She unfortunately met with an accident on 28 August 2014, due to which she died. The Applicant has stated the Applicant is taking education and have no source of income and in need of financial assistance for taking further higher education, so that she settles in her life. Therefore, the Applicant sought withdrawal of decretal amount deposited by the Insurance Company. The Applicant further stated that she is residing with her relatives who is her maternal uncle. She does not have the

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9-ia3061-22.doc

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residential accommodation of her own and she required shelter of relatives.

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I have heard learned counsel. No reply is filed opposing this Interim Application. I have gone through the contents of the Interim Application and also satisfied that case is made out for partial withdrawal of the decretal amount deposited at MACT, Pune.

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The 50% amount awarded to the Applicant is allowed to be withdrawn upon furnishing an undertaking before the concerned MACT to the effect that if she fails in this First Appeal, she will return the amount with interest, at such rate as may be directed by this Court at the time of disposal of the First Appeal.

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The balance amount shall be invested in the fixed deposit of a nationalized bank initially for a period of one year and thereafter for like period depending upon the pendency of this Court.

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The Interim Application is accordingly disposed of.

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All parties to act on the authenticated copy of this order.

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Issuance of certified copy of this order is expedited.

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(RAJESH S. PATIL, J.)

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Reliance General Insurance Co.Ltd., Mumbai v. Poonam Maruti Sasne Thr.Its Natural Guardian Ganesh Dattatraya Harihar and Ors.

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co.Ltd., Mumbai v. Poonam Maruti Sasne Thr.Its Natural Guardian Ganesh Dattatraya Harihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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