Smt. Sulochana S. Sankpal And Ors vs The Executive Engineer, City ...
2022 Latest Caselaw 4679 Bom

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                                                                     41- IA 2078 OF 2021

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                    CIVIL APPELLATE JURISDICTION

VAISHALI                     INTERIM APPLICATION No. 2078 OF 2021
ANIL                                        IN
TIKAM
                                 FIRST APPEAL No. 563 OF 2002
Digitally signed
by VAISHALI
ANIL TIKAM         Smt. Sulochana S. Sampat and Ors.                ...Applicants
Date:
2022.05.04
11:43:54
+0530              In the matter between


                   The Executive Engineer, City Transport,
                   Bombay Municipal Corporation, Mumbai             ...Appellant
                        Vs.
                   Smt. Sulochana S. Sampat and Ors.                ...Respondents

                                                  ****

                   Mr. Ravindra Pal i/b. R.V. Sankpal & Associates for
                   Applicants

                                             Coram : Sandeep K. Shinde, J.

                                             Dated:    2nd MAY, 2022.

                   P.C. :

                   1.      The   Executive    Engineer,    City   Transport,   Bombay

Municipal Corporation, deposited the compensation in the Motor

Accident Claim Tribunal, Mumbai , pursuant to the Judgment

and Award dated 10th December, 2001 passed in

M.A.C.P.No.113/1992.

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                                                   41- IA 2078 OF 2021

2. The Claimants therein, moved this application, seeking

permission to withdraw 50% amount of compensation with

interest accrued thereon.

3. Heard learned counsel for the Applicants. None appears for

the Respondents.

4. Perused the application. In consideration of the facts of the

case, and the averments in the application, permission deserves to

be granted to the Applicants to withdraw 50% amount of

compensation, deposited by the Appellant with interest accrued

thereon, till 31st March, 2022, subject to an undertaking to

refund the amount, in the event, appeal succeeds.

5. Application is partly allowed and disposed of in the

aforesaid terms.

(Sandeep K. Shinde, J.)