Chola Mandalam Ms General Insurance Co. Ltd. v. Smt Hemlata Hasmukh Jain and 5 Others
Case brief
What is this about?
Chola Mandalam MS General Insurance Co Ltd v. Smt Hemlata Hasmukh Jain & 5 others, First Appeal No. 23 of 2025, Bombay High Court (Aurangabad Bench), decided 24.01.2025 by S. G. Chapalgaonkar, J. Interim order on withdrawal and stay applications arising from an award dated 31.08.2023 in MACP No. 141 of 2018 (MVC S.166 death claim, accident 30.07.2018). Withdrawal application partly allowed: 50% of the share of Claimant Nos. 1 and 4 withdrawable with accrued interest against undertaking and solvent surety; balance in fixed deposit till appeal disposal. Stay application allowed as full deposit with Registry confirmed. Quantum objection deferred to final hearing; appeal to be heard finally at admission stage after service on respondents 5 and 6.
What did the court decide?
Applicant No. 1 permitted to withdraw 50% of the amount falling to the share of Claimant Nos. 1 and 4 with accrued interest on furnishing undertaking and solvent surety/security; balance kept in Fixed Deposit in a nationalized bank till disposal of the appeal; stay application allowed and disposed of in terms of prayer Clauses (B) and (C).