The General Manager Bombay ... vs Rupesh Rangnath Sawant
2022 Latest Caselaw 2020 Bom

                                                                        14-FA(ST)-92799-2020.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.1006 OF 2022
                                                       IN
                                         FIRST APPEAL NO.92799 OF 2020

                      RUPESH RANGNATH SAWANT                         )...APPELLANT

                               V/s.

                      THE GENERAL MANAGER 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 2nd January 2020 passed by the

learned Member, MACT, Mumbai in Motor Accident Claim

Petition No.820 of 2013.

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ARTI
VILAS
KHATATE
Digitally signed by
ARTI VILAS
KHATATE
Date: 2022.02.26
15:25:11 +0530
                                                   14-FA(ST)-92799-2020.doc




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.1 in

the judgment and award dated 2nd January 2020 passed by the

learned Member, MACT, Mumbai in Motor Accident Claim

Petition No.820 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undertaking of returning the said amount to be withdrawn in the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.

5 Interim Application No.1006 of 2022 is allowed and stands

disposed of accordingly.

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INTERIM APPLICATION NO.1009 OF 2022 AND INTERIM APPLICATION NO.1007 OF 2022 IN FIRST APPEAL NO.92799 OF 2020

Issue notice to respondents, returnable on 30th March 2022.

                                        (V. G. BISHT, J.)




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