Phulabai Narayan Jankar And Ors vs Cholamandalam M.S. General ...
2022 Latest Caselaw 11972 Bom

           Digitally signed
           by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
         2022.11.24
           17:24:00 +0530




                                                                             14-IAST-9458-22.doc

Sharayu Khot.
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION (ST) NO. 9458 OF 2022
                                                           IN
                                        FIRST APPEAL (ST) NO. 22789 OF 2018


           Smt. Phulabai Narayan Jankar & Ors.                             ...Applicants

                              Versus

           Cholamandalam M.S. General Insurance
           Co.Ltd.                                                         ...Respondent

                                                        ----------
           Mr. Rajesh Kanojia a/w Ms. N. Singh i/by Res Juris for the
           Applicants.
           Mr. S.G. Thorat i/by Vikas Kolekar for the Respondent Nos. 1 to 6.
                                                        ----------

                                                         CORAM : R.I. CHAGLA J

                                                          DATE       : 22 November 2022

           ORDER :

1. By this Interim Application, the Applicants have sought

withdrawal of the amount deposited by the Appellant before MACT,

Sangli in MACP No. 94 of 2015.

2. Learned Counsel appearing for the Applicants seeks

permission to withdraw 30% of the amount deposited by the

14-IAST-9458-22.doc

Appellants before the MACT, Sangli, pursuant to the impugned

judgment dated 22nd August 2017.

3. In that view of the matter, following order is passed. :-

(i) The Applicants/original Respondent Nos. 1 to 6 are

permitted to withdraw 30% of the amount deposited

by the Appellants before the MACT, Sangli pursuant to

the impugned judgment passed by the MACT dated

22nd August 2017.

(ii) This would be upon furnishing an undertaking against

the disbursement of the above amount by the MACT

that if the Appellant succeeds in the Appeal, the

Applicant/Respondent Nos. 1 to 6 shall return the

amount with interest at such rate as would be directed

by this Court.

(iii) If 30% amount is withdrawn by the Applicant Nos. 1

to 6, balance amount shall be invested by the M.A.C.T

in a fixed deposit in a Nationalized Bank.

14-IAST-9458-22.doc

(iv) Interim Application is accordingly, disposed of.

4. At this stage, learned Advocate for the Appellant states

that the delay in filing the First Appeal is condoned by order dated

20th July 2022 subject to payment of costs of Rs. 5,000/- which has

been paid by the Appellant to the Respondent Nos. 1 to 5 and which

has been acknowledged by the Advocate for the Respondents.

5. In that view of the matter, Registry shall give registered

number to the First Appeal.

[R.I. CHAGLA J.]