1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.43 OF 2007 IN PETITION (L)NO.243 OF 2007 Smt.Shilpa S. Mehta ..Petitioner V/s. Life Insurance Corporation of India ..Applicant Ms.Madhuri Gosar, advocate, for applicant CORAM : S.J.VAZIFDAR, J. DATE : 29TH FEBRUARY, 2008 P.C. . The applicant has taken out this Notice of Motion for setting aside the Judges Order signed on 5th April, 2007. 2. By Judge's Order signed on 5th April, 2007, the applicant was directed to issue a cheque in the sum of Rs.75,000/- in favour of the Prothonotary & Senior Master towards the payment of Court fees in respect of the above petition on the basis that the Life Insurance Policies had become due on the death of the deceased and payable to the legal heirs of 2 the deceased. 3. When the Judge's Order was signed, the applicant was not a party. On behalf of the applicant it is contended that as yet the entitlement under the said policies has not been investigated or ascertained and that therefore at this stage the applicant is not liable to pay any amount under the said policies. According to the applicant, till the entitlement under the policies is decided, the amount can not be paid by the applicant under the said policies. 4. In that view of the matter, it would not be open to direct the applicant to pay the said amount even on account of Court fees. 5. In the circumstances, Notice of Motion is made absolute in terms of prayer clause (a). The petitioner and any other concerned party is at liberty to approach the applicant for the purpose of release of the amount under the said policies and file a necessary application. The pending of 3 these proceedings shall not preclude the applicant from ascertaining the liability under the policies. (S.J.VAZIFDAR, J.)