Mr. Ashim Asher Das And Ors vs Mr. Vishal Bajirao Bobade And Anr
2022 Latest Caselaw 1734 Bom

                                                                      4-IAIA-25-2022.DOC

TRUPTI
SADANAND
BAMNE
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
TRUPTI SADANAND                    CIVIL APPELLATE JURISDICTION
BAMNE
Date: 2022.02.22
00:09:10 +0530
                                INTERIM APPLICATION NO. 25 OF 2022
                                                 IN
                                FIRST APPEAL (ST.) NO. 18820 OF 2019


                      Mr.Ashim Asher Das & Ors.                       ...Applicants
                               Versus
                      Mr.Vishal Bajirao Bobade and Anr.               ...Respondents

                                                  ......
                      Mr. Vilas R. More for the Applicants.
                      Mr. Himanshu Takke i/b. Mr. Milind More for the Original
                      Appellant.
                                                  ......
                                           CORAM:         V.G.BISHT, J.

                                           DATE:          21st February, 2022
                      PC:-

1. The applicants have moved this application for

withdrawal of amount deposited by the original appellant

pursuant to the judgment and award dated 27th February,

2018 passed by the learned Member, MACT, Vasai,

District- Palghar in Motor Accident Claim Petition No. 93 of

2009.

2 Heard learned counsel for both the parties. Learned

counsel for original appellant has objected the

application.

Trupti 1/2 4-IAIA-25-2022.DOC

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 award

and apportionment given in clause No. 3 of Order dated

27th February, 2018. 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withdrawn in the event of appeal being allowed with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.

4. The statutory amount of Rs.25,000/- deposited in

this Court at the time of fing of Appeal shall be

transferred to the Motor Accident Claims Tribunal, Vasai,

District -Palghar. Rest of the amount to be deposited in

the nationalized bank.

5. Interim application is allowed and accordingly

disposed of.

                                           (V.G.BISHT, J. )




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