Efc Logistics India Private ... vs Mr. Bhimrao Gangadhar Borade And ...
2022 Latest Caselaw 1352 Bom

                                                                        02-IA-1107-2019.odt



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION


                                              FIRST APPEAL NO. 38 OF 2019


                      EFC Logistics India Private Limited          ... Appellant
                                     Versus
                      Bhimrao Gangadhar Borade and Ors.            ... Respondents


                                                      WITH
                                       INTERIM APPLICATION NO. 1107 OF 2019
                                                       IN
                                           FIRST APPEAL NO. 38 OF 2019

                      Bhimrao Gangadhar Borade and Anr.            ...     Applicants

                      IN THE MATTER BETWEEN


                      EFC Logistics India Private Limited          ... Appellant
                                     Versus
                      Bhimrao Gangadhar Borade and Ors.            ... Respondents


                      Ms. Sneha Agarwal i/b Lalit Jain, for Appellant in FA 38/2019 and
                      Respondent No.2 in IA 1107/2019.
                      Mr. Sachin Gite, for the Applicants in IA/1107/2019.
                      Ms. Gargi Maideo i/b Vikrant Parshurami, for Respondent No. 3.


                                                    CORAM : V. G. BISHT, J.

DATE : 8th February, 2022.

PC:

REKHA                 Rekha Patil                                                         1/3
PRAKASH
PATIL
Digitally signed by
REKHA PRAKASH
PATIL
Date: 2022.02.08
17:24:48 +0530
                                                   02-IA-1107-2019.odt

              FIRST APPEAL NO. 38 OF 2019

Heard learned Counsel for both the parties.

2 Learned Counsel for the appellant submits that in view of the

order dated 18th March, 2019, the appellant was directed to file private

paper book within one year, however, the paper book came to be filed on

18th February, 2020 well before the time as directed vide order dated 18 th

March 2020. According to learned Counsel, despite that the Appeal

came to be dismissed for non compliance of the order dated 18 th March,

2019.

3 Presently the paper book is not forthcoming. The department is

directed to place the same before the Court on the next date.

4 Stand over to 22nd February, 2022.

INTERIM APPLICATION NO. 1107 OF 2019

The Applicants have moved the application for withdrawal of

amount deposited by the original appellant pursuant to the judgment

and order dated 15th June, 2018 passed by the learned Member, MACT

and Extra Joint District Judge, Niphad, in Motor Accident Claim Petition

No. 46 of 2015.

Rekha Patil                                                         2/3
                                                  02-IA-1107-2019.odt

2      Heard learned counsel for both the parties.



3      In view of submissions made by learned counsel for the applicants,

applicants are allowed to withdraw 50% of the compensation amount as

per the judgment and order and apportionment made in para 2 of the

Order dated 15/06/2018 passed in Motor Accident Claim Petition No.

46 of 2015.

4 In view of submissions made by learned counsel for the applicants,

applicants are allowed to withdraw 50% of the compensation amount.

The applicants are directed to give an undertaking of returning the said

amount to be withdrawn in the event of appeal being allowed with

prevailing rate of interest.

5 The statutory amount of Rs.25,000/- deposited in this Court at the

time of filing of Appeal shall be transferred to the Motor Accident Claims

Tribunal, Mumbai. Rest of the amount to be deposited in the

nationalized bank.

6 Interim Application is allowed and accordingly disposed of.

                                              (V. G. BISHT, J.)

Rekha Patil                                                          3/3