Nutan Milind Kulkarni vs Bajirao Dnyandeo Patil And Anr
2021 Latest Caselaw 11257 Bom

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                                                                                1 - IA 1326 OF 2021.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
          by KANCHAN
                                      CIVIL APPELLATE JURISDICTION
KANCHAN   VINOD
VINOD     MAYEKAR

                                    INTERIM APPLICATION NO. 1326 OF 2021
          Date:
MAYEKAR   2021.08.20
          16:30:04 +0530

                                                    IN
                                        FIRST APPEAL NO. 1243 OF 2004

                        Nutan Milind Kulkarni                               ..... Applicant

                        IN THE MATTER BETWEEN

                        Nutan Milind Kulkarni & Ors.                        ..... Appellants


                                VERSUS

                        Bajirao dnyandeo Patil & Anr.                       ..... Respondents

                        Mr.Ashutosh M.Kulkarni, a/w. Ms. Akansha Helaskar for the
                        Applicant.

                        Ms.Hetvi Mota for the Respondent no.2.

                                                        CORAM: R. D. DHANUKA, J.

                                                        DATE      : 18th AUGUST, 2021

                        P.C:-

Leave to amend is granted to implead the original appellant no.4 as party applicant to this interim application. Amendment to be carried out forthwith. Re-verification is dispensed with.

2. By this interim application, the applicant seeks modification in

the operative part of the judgment dated 26 th June, 2020 and more KVM

1 - IA 1326 OF 2021.doc particularly in para 95(e), in view of the Memorandum of

Understanding dated 21st September, 2019 arrived at between the

appellant nos. 3A, 3B and 4 and the appellant no.1.

3. Mr.Kulkarni, learned counsel for the appellant invited my

attention to the said Memorandum of Understanding and would submit

that in view of the original appellant nos. 3A, 3B and 4 having agreed

not to claim any share awarded to them by the said order dated 26 th

June, 2020 and more particularly in paragraph 95(e) and have agreed to

give up their share to the appellant no.1, the said order be partly

modified to this extent.

4. Learned counsel for the insurance company has no objection if

the said order is modified as stated. Statement is accepted.

5. The following order is accordingly passed :-

The order recorded in paragraph 95(e) is modified as

under :-

(a) The appellant no.1 would be entitled to the

additional share of 15% which was jointly awarded to

the appellant nos. 3A and 3B and 15% which was KVM

1 - IA 1326 OF 2021.doc awarded to the appellant no.4 in addition to the original

share of 30%.

(b) In view of the Memorandum of

Understanding dated 21st September, 2019, the

appellant nos. 3A, 3B and appellant no.4 would not be

entitled to any share in view of this modification.

Learned counsel for the applicants identifies the

signatures on the said Memorandum of Understanding.

(c) It is made clear that share at 40% awarded to

appellant no.2 is not modified by this order.

6. The judgment dated 26th June, 2020 stands corrected accordingly.

7. Interim application is disposed of in the aforesaid terms. No

order as to costs.

[R. D. DHANUKA, J.]