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2026 DAILYLAW 19682 (BOM)

ASHA JAYWANT JADHAV AND ORS. v. HDFC ERGO GENERAL INSURANCE CO. LTD. MUMBAI

IA/1580/2021 · 2026-10-13

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5-IA-1580-21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1580 OF 2021 IN FIRST APPEAL NO.1385 OF 2015 Asha Jaywant Jadhav And Ors. …Applicant In the matter between HDFC ERGO General Insurance Co. Ltd. Mumbai …Appellant Vs. Asha Jaywant Jadhav And Ors. ...Respondents WITH CIVIL APPLICATION NO.3956 OF 2015 IN FIRST APPEAL NO.1385 OF 2015 HDFC ERGO General Insurance Co. Ltd. Mumbai …Applicant/ Appellant Vs. Asha Jaywant Jadhav And Ors. ...Respondents ***** Mr. Shubham Yadav i/b. Mr. Pankaj Purway For the Applicant in IA No.1580/2021 and for Respondent in FA Ms. Sweta Shah For the Respondent in IA No.1580/2021 and for the Appellant in FA ***** CORAM : S. M. MODAK, J. DATE : 13th OCTOBER 2026 rsk 1/2 5-IA-1580-21.doc P. C. :- 1. Heard Mr. Shubham Yadav, learned advocate for the claimants and Ms. Sweta Shah, learned advocate for the insurer. It is true that as per order dated 24th September 2020 Rs.10 Lakhs withdrawal is already granted. 2. The claimant wants further withdrawal. Today, I am not allowing it for two reasons: first, this application is pending since 2021 and second, learned advocate for insurer has agreed to file compilation of documents. Hence at this stage the application is rejected. 3. If the appeal could not be decided within three months, the claimants are at liberty to again apply for withdrawal. Let the Appellant- Insurer to file compilation of documents within two weeks. 4. Matter to be listed on 27th October 2026 for submitting compilation. It is submitted that defence of fake driving license is taken and notice to Respondent Nos.6 and 7 was served by pasting, as the office was found locked. It is treated as sufficient service. [S. M. MODAK, J.] rsk 2/2