Mrs. Afsana Najab Husain Shaikh ... vs Bombay Electric Suppy And ...
2022 Latest Caselaw 2018 Bom

                                                                        13-FA(ST)-18404-2019.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.1027 OF 2022
                                                       IN
                                       FIRST APPEAL (ST) NO.18404 OF 2019

                      AFSANA NAJAB HUSAIN SHAIKH AND ORS. )...APPELLANTS

                               V/s.

                      BOMBAY ELECTRIC SUPPLY AND TRANSPORT)
                      CORPORATION                        )...RESPONDENT


                      Mrs. Karishma Jhaveri i/by. Navdeep Vora and Associates,
                      Advocate for the Appellant.
                      Mr. Niketan Nakhawa, Advocate for the Applicant in I.A.No.1006
                      of 2022 and for the Respondent in F.A.(ST) No.92799 of 2020.


                                                      CORAM : V. G. BISHT, J.

                                                      DATE      : 26th 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 12th December 2018 passed by the

AVK 1/3

ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2022.02.26 15:25:12 +0530 13-FA(ST)-18404-2019.doc

learned Member, MACT, Mumbai in Motor Accident Claim

Petition No.555 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 apportionment in paragraph no.2 in

the judgment and award dated 12th December 2018 passed by

the learned Member, MACT, Mumbai in Motor Accident Claim

Petition No.555 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undertaking of returning the said amount to be withdrawn in the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.

AVK                                                                2/3
                                                  13-FA(ST)-18404-2019.doc




5     Interim Application is allowed and stands disposed of

accordingly.



6     Place the First Appeal for Admission on 30th March 2022.



                                        (V. G. BISHT, J.)




AVK                                                               3/3