Shri. Jaspal Singh Harbhajan Singh Parhar And ANR. v. National Insurance Co.Ltd.

12-CA-3259-2019.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3259 OF 2019 IN FIRST APPEAL NO.271 OF 2020 Jaspal Singh Harbhajan Singh Parhar ] Applicant

IN THE MATTER BETWEEN:

National Insurance Co. Ltd. & Anr.

] Appellant Vs.

Jaspal Singh Harbhajan Singh Parhar ] and another.

] Respondents .....

Mr. T.J. Mendon, for Applicant (Original Respondent in First Appeal). Ms. Poonam Mittal, for Original Appellant.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 15th JANUARY, 2021.

P.C.

1.

This is an application for withdrawal of the amount of compensation deposited by the appellant.

2.

Heard learned Counsel for the applicant and respondent. 3.

Earlier, this Court (Coram: Abhay Ahuja, J.) vide order dated 5th March, 2020 observed that the application for withdrawal of the amount will be heard along with the First Appeal at the stage of admission.

Shailaja S.

Halkude Shailaja S.

Halkude Date: 2021.01.18 12:03:59 +0530

12-CA-3259-2019.doc 4.

However, learned Counsel for the original appellant, on instructions, makes a statement that probably the appeal would be withdrawn in the next week.

5.

As such, in the interest of justice, the applicant is permitted to withdraw 50% amount of the compensation deposited by the appellant with an undertaking that if the appellant succeeds, the respondent will refund the amount with interest at the rate which will be determined by this Court at the time of deciding the appeal.

6.

The application stands disposed of.

7.

of this Court. All concerned shall act on production by fax or e- [PRITHVIRAJ K. CHAVAN, J.]