Shukhdeo Rameshankar Prasad vs Bombay Electric Supply And ...
2022 Latest Caselaw 1444 Bom

                                                                             8-IA-602-2022.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.602 OF 2022
                                                       IN
                                       FIRST APPEAL (ST) NO.25523 OF 2021

                      SHUKHDEO RAMASHANKAR PRASAD                    )...APPLICANT

                                           IN THE MATTER BETWEEN

                      BOMBAY ELECTRIC SUPPLY AND TRANSPORT)
                      UNDERTAKING                         )...APPELLANT

                               V/s.

                      SHUKHDEO RAMASHANKAR PRASAD                    )...RESPONDENT


                      Mr.Arsh Mishra a/w. Ms.Kavita Anchan i/b. M.V.Kini & Co.,
                      Advocate for the Appellant.

                      Mr.Amol Gatne, Advocate for the Applicant in I.A. No.602 of
                      2022.

                                                      CORAM : V. G. BISHT, J.

                                                      DATE      : 10th FEBRUARY 2022

                      P.C. :


                      1        The applicant has moved the application for withdrawal of

amount deposited by the original appellant pursuant to the

judgment and Award dated 14th August 2021 passed by the

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ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2022.02.10 15:33:40 +0530 8-IA-602-2022.doc

learned Member, MACT, Mumbai in Motor Accident Claim

Petition No.2525 of 2013.

2 Heard learned counsel for both the parties. Learned counsel

for the original appellant has objected the application.

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

applicant, applicant is allowed to withdraw 50% of the

compensation amount as per the judgment and order and

apportionment made in paragraph 2 of the order dated 14th

August 2021 passed in Motor Accident Claim Petition No.2525 of

2013. The applicant is 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returning the said amount to be withdrawn in the event of appeal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.

4 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 a nationalized bank.

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                                                       8-IA-602-2022.doc




5     Interim Application is allowed and stands disposed of

accordingly.



6     Place the First Appeal for Admission on 14th March 2022.



                                        (V. G. BISHT, J.)




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