Bombay High Court
Niket Ashok Bhalekar And Ors vs Krushna Tours And Travels Prop. ... on 13 December, 2022
Bench: R. I. Chagla
Digitally signed
JITENDRA by JITENDRA
SHANKAR
SHANKAR NIJASURE
NIJASURE Date: 2022.12.17
10:47:56 +0530
19-ia-30051-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.30051 OF 2022
IN
FIRST APPEAL NO.11504 OF 2022
Niket Ashok Bhalekar & Ors. ...Applicants
In the matter between
National Insurance Co. Ltd. ...Appellant
Versus
Niket Ashok Bhalekar & Ors. ...Respondents
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Ms. Poonam Mittal, for the Appellant.
Mr. Yogesh Pande for the Applicant in IA No.30051 of 2022 and for
Respondent in Appeal.
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CORAM : R.I. CHAGLA J.
DATE : 13TH DECEMBER, 2022.
ORDER :
1. By this Interim Application, the Applicants are seeking
permission to withdraw the amount deposited by the Appellant
pursuant to the order dated 7th September, 2022 with MACT, Pune
and by which, the execution and implementation of the impugned
Judgment and award was stayed.
19-ia-30051-2022.doc
2. The Applicants state that, the Applicant Nos.1 and 2 are
the sons of the deceased who lost their mother in vehicular accident
on 30th December, 2016. The Applicant No.1 was a minor then who
has now attained majority on the date of filing of the present Interim
Application. The Applicant No.3 is the grand mother of Applicant
Nos.1 and 2. The Applicants state that the deceased was sole bread
earner of family. The Applicant Nos.1 and 2 had previously lost their
father and hence the mother was the sole bread earner.
3. The First Appeal has been filed on the ground of
quantum and non validity of driving license of offending car.
4. Having considered the averments as well as the
averments in the Interim Application, a case is made out for
withdrawal of 50% of the entire amount deposited by the Applicant
pursuant to the order dated 7th September, 2022 passed by this
Court. Considering that the entire amount has been deposited by the
Appellant, the execution and implementation of the impugned
judgment and order is stayed. Hence the following order:-
(i) The Applicants are permitted to withdraw 50% of the
amount deposited by the Appellant with the concerned MACT
19-ia-30051-2022.doc
upon furnishing an undertaking against disbursement of the
above amount that if the Appellant succeeds in the Appeal, the
Respondents shall return the amount with interest at such rate
determined by this Court.
(ii) If 50% amount is withdrawn by the Respondents, balance
amount shall be invested by the MACT in a fixed deposit of a
Nationalized Bank.
(iii) The Interim Application is accordingly disposed of.
5. At this stage, the learned Advocate for the Applicants
states that the Applicant No.2 is currently a minor and that she may
be permitted to withdraw the amount upon attaining majority.
Considering, this submission, liberty is granted to Applicant No.2 to
withdraw the amount deposited with the MACT in proportion of her
share upon attaining majority.
[R.I. CHAGLA J.]
