Mr. Ashim Asher Das And Ors vs Mr. Vishal Bajirao Bobade And Anr
2022 Latest Caselaw 1735 Bom

                                                                   7-IAST-1729-2021.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
00:09:11 +0530
                               INTERIM APPLICATION (ST.) NO. 1729 OF 2021
                                                   IN
                                  FIRST APPEAL (ST.) NO. 18825 OF 2019

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

                                                   ......
                      Mr. Vilas More for the Applicants.
                      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. 94 of

2009.

2 Heard learned counsel for both the parties. Learned

counsel for original appellant has objected the

application.

Trupti 1/2 7-IAST-1729-2021.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 made in 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of returning the said amount to be withdrawn in the event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.

6. Learned counsel for the original appellant to remove

ofce objections, if any, before the next date.

7. Place the frst appeal on board on 21st March,

2022.

                                           (V.G.BISHT, J. )




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