1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.3752/2010 IN FA ST.NO.17961/2007. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.GM Jadhav, Adv. for the applicants; Mr.DV Soman for Respondent no.1 ___ CORAM : K.U.CHANDIWAL, J. DATE : 18 th March, 2010. ... 1) Heard Mr.Soman for the Insurance company. He informs, he learnt Kundlik s/o Rajaram Pawar having expired on 14th July, 2008. 2) Mr.Jadhav informs that deceased Kundlik has not left over any other surviving heir except his widow – applicant no.1 – Dhrupadabai w/o Kundlik Pawar, who is already on record. Accepting this statement, Mr. Soman does not want to carry out any amendment to bring the legal representatives of respondent no.2 – Kundlik on record. 3) Since the only son of the claimants Raju s/o Kundlik Pawar expired on 30th October, 2003, resulting in filing MACP No.834/2003, seeking stake of Rs. 5,00,000/- and there operates a Judgment dated 22.7.2007 for Rs.2,95,000/- 2 (Rupees two lakhs and ninety-five thousand) with 6% interest, I find, the request of the claimants herein for withdrawal of the amount to certain extent is just and reasonable. Consequently, order. 4) Applicant no.1/claimant – Dhrupadabai w/o Kundlik Pawar shall receive an amount of Rs.1,40,000/- (Rupees one lakh and fourty thousand) from the learned Member, M.A.C.T., Nanded. The withdrawal of the aforesaid amount shall be on an undertaking from said applicant/claimant – Dhrupadabai to reimburse the same in the event of success of appellant in the appeal. 5) CA is disposed of to the extent as above. (K.U.CHANDIWAL) JUDGE bdv/ca3752.10