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[Cites 2, Cited by 2]

Bombay High Court

Life Insurance Corporation Of India vs Mrs. Shobha Ashok Ambekar on 12 June, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                        43-WP-3965-2022@CONNECTED WPs.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO.3965 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 DR. AJIT BHASKAR OKE                                  )...RESPONDENT

                                     WITH
                         WRIT PETITION NO.2652 OF 2020

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 RADHA GOVIND AMRITE                                   )...RESPONDENT

                                     WITH
                         WRIT PETITION NO.3967 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 DR. SHAILA PRAKASH BHATWADEKAR                        )...RESPONDENT

                                     WITH
                         WRIT PETITION NO.3969 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 MRS. SHOBHA ASHOK AMBEKAR                             )...RESPONDENT


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                                     WITH

                         WRIT PETITION NO.3971 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 DR. PRADEEP GOPAL TALWALKAR                           )...RESPONDENT

                                     WITH

                         WRIT PETITION NO.3973 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 MRS.MEERA MADHUKAR PADHYE                             )...RESPONDENT

                                     WITH

                         WRIT PETITION NO.3975 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 AJIT KUMAR KRISHNAJI MODAK                            )...RESPONDENT

                                     WITH
                         WRIT PETITION NO.3976 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 SMT. PADMAJA NILKANTH DAMLE                           )...RESPONDENT

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                                     WITH
                         WRIT PETITION NO.3977 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 SUHAS JANARDAN APTE                                        )...RESPONDENT

                                     WITH
                         WRIT PETITION NO.3978 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 SUBODH VASANT SAPRE                                        )...RESPONDENT

                                     WITH
                         WRIT PETITION NO.3979 OF 2022

 LIFE INSURANCE CORPORATION OF INDIA )...PETITIONER

          V/s.

 SHASHIKANT VAMAN KALE                                      )...RESPONDENT


 Mr. Chatterjee a/w. Mr.Akshay Shah a/w. Ms.Komal Shah i/b.
 Bhave & Co., Advocate for the Petitioner in all Petitions.
 Mr.Suraj         Gupte        i/b.   Mr.Sameer   Tendulkar,        Advocate          for
 Respondents.

                                  CORAM      :     ABHAY AHUJA, J.

DATE : 12th JUNE 2023 avk 3/5 ::: Uploaded on - 12/06/2023 ::: Downloaded on - 13/06/2023 17:17:50 ::: 43-WP-3965-2022@CONNECTED WPs.doc P.C. :

1. Heard.
2. Mr.Chatterjee, learned Senior Counsel for Petitioner, draws the attention of this Court to order of the Hon'ble Supreme Court dated 17th March 2015 whereby the decision of the Two Judge Bench of the Hon'ble Apex Court in the case of Suhas H. Pokhale vs. Oriental Insurance Co. Ltd. And Its Estate Officer 1 is to be considered by a Three Judge Bench of the Hon'ble Supreme Court in view of the decision of the Constitution Bench decision of the Hon'ble Supreme Court in the case of Ashoka Marketing vs. Punjab National Bank2. Learned Senior Counsel would submit that the issue involved in these Writ Petitions is dependent on the decision of the Three Judge Bench, and therefore, the same may be deferred beyond 19th July 2023, when the matter in the Hon'ble Supreme Court is likely to be listed.
3. Learned Senior Counsel also draws the attention of this Court to earlier orders of this Court dated 30 th June 2022 as well 1 2014 (4) SCC 657 2 1990 (4) SCC 406 avk 4/5 ::: Uploaded on - 12/06/2023 ::: Downloaded on - 13/06/2023 17:17:50 ::: 43-WP-3965-2022@CONNECTED WPs.doc as 31st March 2023 when these matters have been deferred in view of the impending decision of the Hon'ble Supreme Court.

Mr.Suraj Gupte, learned Counsel appearing on behalf of Respondents, has no objection.

4. In view of the above position, list on 21st August 2023.

5. In the meanwhile, liberty to apply, in the event the Hon'ble Supreme Court delivers its decision.

6. Ad-interim relief, granted earlier, to continue till the next date.

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