T. Surekha Suresh Patil And Ors vs Maharashtra State Road Transport ...
2021 Latest Caselaw 4109 Bom

                                                                        9-8238-2019-CAst=.doc


                       Uday S. Jagtap


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                        CIVIL APPLICATION (ST.) NO. 8238 OF 2019
                                                           IN
                                          FIRST APPEAL (ST.) NO. 26836 OF 2012

                       Smt. Surekha Suresh Patil & Ors.                 .. Applicants
                             In the matter between
                       Maharashtra State Road Corporation               .. Appellant
                             Vs.
                       Smt. Surekha Suresh Patil & Ors.                 .. Respondents
                                                         .....
                       Mr. Satyajeet Shirke i/b Mr. Jayant J. Bardeskar for the applicants
                       Ms. P.M. Bansali i/b Mr. G.S. Hegde and Associates for the appellant

                                                       CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 5th MARCH, 2021 P.C.

1. By this application, the applicants seek to withdraw the amount of compensation with accrued interest deposited by the appellant - insurer in M.A.C.T. Kolhapur.

2. The M.A.C.T., Kolhapur by judgment and award dated 3rd February, 2012 passed in M.A.C.P. No. 612 of 2008 awarded compensation of Rs.16,35,200/- with interest at the rate of 9% p.a. to the claimants from the date of filing of the application till its realization.

3. Heard Mr. Shirke, learned Counsel for the applicants.

4. The necessity for withdrawal of the amount of compensation has been stated in paragraph no.4 of the application.

          Digitally
          signed by
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
          Date:
JAGTAP    2021.03.08
          17:43:59
          +0530
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                                                9-8238-2019-CAst=.doc

5. The learned Counsel for the appellant - insurer objects the prayer of the applicants.

6. For the reasons stated in the application, at this stage, the applicants are permitted to withdraw 50% of the amount of compensation with accrued interest. The applicants shall furnish an undertaking within two weeks that if the appellant - insurer succeeds in appeal, the applicants shall refund the amount with interest at such rate as would be directed by this Court, depending upon the outcome of the first appeal.

7. If the applicants do not file an undertaking within the aforesaid period, the amount deposited by the appellant - insurer shall be invested by the M.A.C.T in a fixed deposit in any Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

8. If 50% amount is withdrawn by the applicants, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

9. The application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)

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