Bombay High Court
Smt. Anita Himmat Solanki And Ors vs Reliance General Insurance Co.Ltd on 2 March, 2020
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
21-ia2-20.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2 OF 2020
IN
FIRST APPEAL(STAMP) NO.20589 OF 2019
Anita H. Solanki & Ors. ...Applicants
IN THE MATTER BETWEEN :
Reliance Insurance Co. Ltd. ...Appellant
V/s.
Anita H. Solanki & Ors. ...Respondents
Mr.Amol Gatne i/b Mr.U.N. Mehta and Ms.Swati U. Mehta for the
Applicants / Original Respondent Nos.1 to 3.
Ms.Kalpana R. Trivedi for the Appellant.
CORAM : R.D. DHANUKA, J.
DATE : 2ND MARCH, 2020.
P.C. :-
1. By this interim application, the applicants (original claimants) seek withdrawal of the amount deposited by the appellant.
2. Ms.Trivedi, learned counsel appearing for the appellant states that she has no objection if the applicants are allowed to withdraw 50% of the amount deposited by the appellant however, on furnishing an undertaking before this Court within four weeks from today. Statement is accepted.
3. It is made clear that the applicant no.1 is allowed to withdraw 50% of the amount due and payable by the M.A.C.T. in the 1/2 ::: Uploaded on - 06/03/2020 ::: Downloaded on - 07/06/2020 04:08:26 ::: 21-ia2-20.doc impugned judgment and award to the effect that if the applicants do not succeed in the First Appeal, they would return the amount that would be withdrawn with interest at such rate as this Court may direct by subsequent order. Insofar as the applicant nos.2 and 3 are concerned, they are still minor, 50% of the amount coming to their share shall be invested in a fixed deposit of a nationalized bank initially for a period of five years and thereafter for like period till the the applicant nos.2 and 3 attain the age of majority and depending upon the pendency of the First Appeal. It is made clear that the applicant no.1 would be entitled to withdraw the interest on the said fixed deposit for the purpose of maintenance of the applicant nos.2 and 3 during the pendency of the First Appeal or till they attain the age of majority whichever is earlier. After the applicant nos.2 and 3 attain the age of majority during the pendency of the First Appeal, they would be at liberty to apply for withdrawal of 50% of the amount coming to their share before this Court. This Court will consider the said application on its own merits.
4. The appellant is directed to remove all office objections within three weeks from today without fail.
5. The Interim Application is made absolute in aforesaid terms. There shall be no order as to costs.
(R.D. DHANUKA, J.) 2/2 ::: Uploaded on - 06/03/2020 ::: Downloaded on - 07/06/2020 04:08:26 :::