Allowed

Manisha Dhananjay Shitole and Ors. v. the Divisional Manager, Cholamandalam General Insurance Co. Ltd., Pune

Bombay HC19 Mar 2024IA/6732/2024

Case brief

AI extract

What is this about?

This court allowed an interim application by the applicants to withdraw 50% of the deposited insurance compensation along with interest, subject to furnishing an undertaking, to enable repayment of an outstanding bank loan. Objections raised by the appellant regarding the quantum of compensation were reserved for the final hearing.

What did the court decide?

Withdrawal of 50% of the deposited amount along with accrued interest on furnishing an undertaking.

Manisha Dhananjay Shitole and Ors. vs the Divisional Manager… — Insurance | Bombay HC (2024)

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Shubhada S Kadam 28-ia-6732-2024-fast-29988-2023(withdrawal).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6732 OF 2024

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FIRST APPEAL STAMP NO.29988 OF 2023

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Manisha Dhananjay Shitole and ors.	…. Applicants
In the matter of.
Cholamandalam General Insurance Co. Ltd. through the Divisional Manager, Pune	… Appellant
versus
Manisha Dhananjay Shitole and ors.	…. Respondents

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Mr. Mahindra Deshmukh, Advocate for the Applicants/Respondent Nos.1 to 3.

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Mr. Rajesh Kanojia i/b. Res Juris, Advocate for the Appellant.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 19^th MARCH, 2024.

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P.C. :

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Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.

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By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submitted that the deceased had obtained loan from the bank but due to death of the deceased, the applicants could not repay the loan amount and now the bank has filed recovery proceedings against the applicants. The applicants need the amount for repayment of loan, hence, requested to

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allow the application.

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1/2

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Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.03.20 15:05:00 +0530

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Shubhada S Kadam 28-ia-6732-2024-fast-29988-2023(withdrawal).doc

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Learned counsel for appellant - Insurance Company submitted that the Tribunal has awarded compensation amount on higher side without any evidence on record and the said fact is challenged before this Court. Hence, requested to dismiss the application.

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I have heard both learned counsel. The deceased had obtained loan from the bank and the bank has initiated recovery proceedings against the applicants. The grounds raised by the appellantInsurance Company can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

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O R D E R

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The application is allowed.

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The applicants are permitted to withdraw 50% amount along with accrued interest therein, out of the deposited amount, on furnishing usual undertaking.

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The application is disposed of.

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(SHIVKUMAR DIGE, J.)

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Manisha Dhananjay Shitole and Ors. v. the Divisional Manager, Cholamandalam General Insurance Co. Ltd., Pune

Case brief

What is this about?

What did the court decide?

Manisha Dhananjay Shitole and Ors. v. the Divisional Manager, Cholamandalam General Insurance Co. Ltd., Pune

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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