Partly allowed

Bahadur Maganbhai Patel v. Reliance General Insurance Company Ltd., Gujarat

Bombay HC2 Aug 2024IA/10203/2024

Case brief

AI extract

What is this about?

The Court conflated two applications. It restored an interim appeal by condoning a 374-day delay. In a separate section, it allowed an interim withdrawal application by the claimants for 50% of deposited funds due to lack of proof intimation of cheque dishonor, while admitting the first appeal on merits.

What did the court decide?

Restoration of First Appeal No. 139/2024; Leave to withdraw 50% of deposited amount with interest.

Bahadur Maganbhai Patel vs Reliance General Insurance Company Ltd… — Insurance | Bombay HC (2024)

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12-fa-139-2022.doc

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Shubhada S Kadam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.9474 OF 2024 (FOR RESTORATION) IN FIRST APPEAL NO. 139 OF 2022 with

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INTERIM APPLICATION NO. 868 OF 2022

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Reliance General Insurance Company Ltd., … Appellant Gujarat

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versus

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Bahadur Maganbhai Patel and anr. …. Respondents

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INTERIM APPLICATION NO.10203 OF 2024 (FOR WITHDRAWAL ) IN

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FIRST APPEAL NO. 139 OF 2022

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Bahadur Maganbhai Patel …. Applicant In the matter of Reliance General Insurance Company Ltd., … Appellant Gujarat versus Bahadur Maganbhai Patel and anr. …. Respondents

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Mr. Pandit Kasar, Advocate for the Appellant.

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Mr. Suresh Dubey, Advocate for Respondent No.1 and applicant in IA/10203/2024.

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CORAM : ARUN R. PEDNEKER, J.

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DATE : 2^nd AUGUST, 2024.

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SHUBHADA SHANKAR KADAM

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Digitally signed by SHUBHADA SHANKAR KADAM Date: 2024.08.03 12:12:50 +0530

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P.C. :

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The present application is filed for restoration of the present first appeal.

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1/3

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12-fa-139-2022.doc

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Shubhada S Kadam

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The learned counsel appearing for the claimants has not seriously contested the restoration application. However, he submits that his withdrawal application is pending for a long time and that he is an injured claimant and his entire lower body is paralysed and that he has not received any money from the Insurance Company till date.

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The learned counsel for the Insurance Company submits that there is merits in his case and that the appeal be restored.

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In view of the same, the delay of 374 days in filing the restoration application is condoned and the appeal is restored to its original file.

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The appeal is filed on the ground that the cheque issued towards the premium has bounced and pay and recover order has been passed against the Insurance Company. Since there is no evidence on record that the Insurance Company had taken any steps to intimate the owner as regards the dishonour of cheque, I am permitting the claimants to withdraw to withdraw 50% of the amount deposited in the Tribunal along with accrued interest thereon till date on filing usual undertaking to the satisfaction of the Presiding Officer of the Tribunal. Interim Application No.10203 of 2024 is allowed and disposed of. Liberty to apply for further withdrawal if such exigency exists.

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The first appeal is admitted.

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2/3

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12-fa-139-2022.doc

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Shubhada S Kadam

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On admission, Mr. Dubey, learned counsel, waives notice on behalf of the respondent No.1.

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8 Liberty to apply for early hearing.

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The stay to the impugned order, granted earlier, stands confirmed till the final disposal of the appeal. The Interim Application No.868 of 2022 stands disposed of

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(ARUN R. PEDNEKER, J.)

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Bahadur Maganbhai Patel v. Reliance General Insurance Company Ltd., Gujarat

Case brief

What is this about?

What did the court decide?

Bahadur Maganbhai Patel v. Reliance General Insurance Company Ltd., Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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