LT. ASHISHBHAI PRAVINBHAI KILJI THROUGH ITS LH BHAVNABEN PRAVINBHAI KILJI v. UNITED INDIA INSURANCE CO LTD
SCA/10960/2025 · 2025-09-30
Mool Chand Tyagi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8498 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8498 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/10960/2025 ORDER DATED: 30/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10960 of 2025 ========================================================== LT. ASHISHBHAI PRAVINBHAI KILJI THROUGH ITS LH BHAVNABEN PRAVINBHAI KILJI Versus UNITED INDIA INSURANCE CO LTD ========================================================== Appearance:
MR SHATRUGHAN SONI, ADVOCATE FOR MR N P PANDYA(11241) for the Petitioner(s) No. 1 ==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 30/09/2025
ORAL ORDER
1. The present petition is filed against the impugned
judgment and order dated 02.07.2025 passed by the learned M.A.C.Trirbunal, Amreli in M.A.C.Misc.Application No.122 of 2025 in M.A.C.P.No.48 of 2019, whereby the application preferred by the petitioner for premature disbursement of the amount lying deposited in FDR NO.78039176539 with Saurashtra Gramin Bank, Amreli Branch, came to be rejected.
2. Heard learned advocate for the petitioner. Learned advocate for the petitioner has submitted that the petitioner has preferred an application before the learned Tribunal for seeking premature disbursement of the amount lying deposited in FDR NO.78039176539 with Saurashtra Gramin Bank, Amreli Branch, on the ground that she is in dire need of money for the medical treatment of her husband. He further
C/SCA/10960/2025 ORDER DATED: 30/09/2025 submitted that the learned Tribunal failed to appreciate the need of the petitioner. He further submitted that the learned Tribunal could have passed the order for premature disbursement of the amount in view of the judgment of the Hon’ble Apex Court rendered in the case of A.V.Padma Vs. R.Venugopal reported in 2012 (3) SCC 378.
3. Having considered the submissions of learned advocate for the petitioner and having regard to the fact that the original claimant / petitioner requires money for treatment of her husband, appears reasonable ground to permit the premature disbursement of the amount lying deposited in the aforesaid FDR with Saurashtra Gramin Bank, Amreli Branch. Therefore, the impugned judgment and order dated 02.07.2025 passed by the learned M.A.C.Tribunal, Amreli in M.A.C.Misc.Application No.122 of 2025 in M.A.C.P.No.48 of 2019 is quashed and set aside and accordingly, the present petition stands allowed. Learned Tribunal is directed to disburse the amount lying deposited in the said claim petition after due verification. No order as to costs.
(MOOL CHAND TYAGI, J) GIRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 03/10/2025 18:41:34