Allowed

Jayesh Kumar Paragbhai Patel (Died) and Anr. v. the Oriental Insurance Co.Ltd., Daman and Ors.

Bombay HC14 Nov 2024IA/13919/2024

Case brief

AI extract

What is this about?

The High Court of Bombay (Civil Appeals) disposed of three interim applications. It condoned a 210-day filing delay in the Appeal, stayed the impugned order following deposit, and granted interim permission to an appellant to withdraw 50% of the awarded amount.

What did the court decide?

1. Delay of 210 days condoned. 2. Impugned order stayed. 3. Appellants permitted to withdraw 50% amount with interest.

Jayesh Kumar Paragbhai Patel (Died) and Anr. vs the… — Banking and Recovery | Bombay HC (2024)

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32-IA-10468-24 IN FAST-17039-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.10468 OF 2024 WITH INTERIM APPLICATION NO.10469 OF 2024 IN FIRST APPEAL (ST) NO.17039 OF 2024

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Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2024.11.18 12:54:42 +0530

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The Branch Manager, …. Applicant The Oriental Insurance Co. Ltd.

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V/s.

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Jayeshkumar Paragbhai Patel & Ors. …. Respondents WITH INTERIM APPLICATION NO.13919 OF 2024 IN

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FIRST APPEAL (ST) NO.17039 OF 2024

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Jayeshkumar Paragbhai Patel & Ors. …. Applicants

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V/s. The Oriental Insurance Co. Ltd. & Ors. …. Respondents

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Mr.Sudhakar Pandaram, for the Applicant. Mr.T.R. Kale i/b Mr.T.J. Mendon, for Respondent Nos.1 and 2.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 14^th NOVEMBER 2024

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P.C:-

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INTERIM APPLICATION NO.10468 OF 2024

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. Heard learned counsel for the Applicant and the

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learned counsel for Respondents.

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N.S. Kamble page 1 of 4

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32-IA-10468-24 IN FAST-17039-24.doc

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2. Considering the submission of both learned counsel

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and the reasons mentioned in the Application, the delay of 210 days for filing the Appeal is condoned. The Application is allowed and disposed of.

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The Appeal be registered.

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INTERIM APPLICATION NO.10469 OF 2024

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Heard learned counsel for the Applicant and learned counsel for the Respondents.

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The learned counsel for the Applicant submitted that,

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the Applicant has deposited entire award amount along with accrued interest thereon, hence, requested to stay the impugned order.

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Considering the submissions of the learned counsel as

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well as reasons mentioned in the Application, the impugned order is stayed till final disposal of the Appeal.

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The Interim Application is disposed of.

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INTERIM APPLICATION NO.13919 OF 2024

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Heard learned counsel for the Applicants.

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N.S. Kamble page 2 of 4

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32-IA-10468-24 IN FAST-17039-24.doc

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The learned counsel for the Applicants submit that,

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the deceased was sole earning member of Applicant’s family. Applicant is son of the deceased. The Applicants needs the

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amount for their daily expenses. He has no source of income. Hence, requested to allow the Application.

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The learned counsel for the Respondent has objected to allow the Application on the ground that, the deceased was not permanent in service. He was on adhoc basis. But the Tribunal has considered monthly income of the deceased on higher side. The learned counsel further submitted that, at the time of the accident the offending vehicle was not holding valid permit. But these facts are not considered by the Tribunal. Hence, requested to dismiss the Application.

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I have heard both learned counsel.

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The deceased was only earning member of the family,

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the Applicant needs the amount for his daily expenses. He has no source of income. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.

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N.S. Kamble page 3 of 4

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32-IA-10468-24 IN FAST-17039-24.doc

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ORDER

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(i) The Application is allowed.

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(ii) The Applicants are permitted to withdraw 50%

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amount along with accrued interest thereon on furnishing undertaking.

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FIRST APPEAL (ST) NO.17039 OF 2024

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Call Record and proceedings.

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Leave to file compilation of documents.

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(SHIVKUMAR DIGE, J.)

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N.S. Kamble page 4 of 4

Jayesh Kumar Paragbhai Patel (Died) and Anr. v. the Oriental Insurance Co.Ltd., Daman and Ors.

Case brief

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What did the court decide?

Jayesh Kumar Paragbhai Patel (Died) and Anr. v. the Oriental Insurance Co.Ltd., Daman and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Jayesh Kumar Paragbhai Patel (Died) and Anr. vs the Oriental Insurance Co.Ltd., Daman and Ors.