Smt.Ritadevi Radheshyam ... vs M/S. New India Assurance Company ...
2023 Latest Caselaw 4230 Bom

2023:BHC-AS:12885                                                     29-FA(ST)-5574-2018.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 661 OF 2023
                                                   IN
                                  FIRST APPEAL (STAMP) NO. 5574 OF 2018


                    Ritadevi Radheshyam Chowdhary And Ors.           ...        Applicants

                    IN THE MATTER BETWEEN

                    M/s New India Assurance Company Limited          ...        Appellant
                          Versus
                    Ritadevi Radheshyam Chowdhary And Ors.           ...        Respondents
                                                .....

                    Ms. Rina Kundu, for the Applicants in IA and for the Respondents
                    in FA.

                    Ms. Jyoti Bajpayee, for the Appellant in FA.

                                                     .....

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 26th APRIL, 2023.

P.C.

This is an application seeking withdrawal of the amount of

compensation deposited by the appellant-insurer pursuant to the

judgment and order dated 11th August, 2017 passed by the Court of

Workman's Compensation, Thane.

                    2      Learned Counsel for the appellant objects for withdrawal of




                        Rekha Patil                                                     1 of 2


                                                       29-FA(ST)-5574-2018.doc

the amount, as according to her, in case the Appeal succeeds it

would be difficult to recover the amount.

3 The applicants are permitted to withdraw 50% of amount

deposited by the appellant-insurer with an undertaking that in case

the Appeal succeeds, they will refund the amount with accrued

interest, if any.

4 Application is disposed of in the aforesaid terms.

                                        [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                        2 of 2