Mr. Ashim Asher Das And ORS. v. Mr. Vishal Bajirao Bobade And ANR

4-IAIA-25-2022.DOC TRUPTI SADANAND BAMNE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION TRUPTI SADANAND BAMNE Date: 2022.02.22 00:09:10 +0530 INTERIM APPLICATION NO. 25 OF 2022 IN FIRST APPEAL (ST.) NO. 18820 OF 2019 Mr.Ashim Asher Das & Ors.

...Applicants

Versus

Mr.Vishal Bajirao Bobade and Anr.

...Respondents

......

Mr. Vilas R. More for the Applicants.

Mr. Himanshu Takke i/b. Mr. Milind More for the Original Appellant.

......

CORAM:

V.G.BISHT, J.

DATE:

21st February, 2022 PC:- 1.

The applicants have moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and award dated 27th February, 2018 passed by the learned Member, MACT, Vasai, District- Palghar in Motor Accident Claim Petition No. 93 of 2009.

Heard learned counsel for both the parties. Learned counsel for original appellant has objected the application.

Trupti 1/2

4-IAIA-25-2022.DOC 3.

In view of submissions made by learned counsel for the applicants, applicants are allowed to withdraw 50% of the compensation amount as per the judgment and award and apportionment given in clause No. 3 of Order dated 27th February, 2018. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.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 fing of Appeal shall be transferred to the Motor Accident Claims Tribunal, Vasai, District -Palghar. Rest of the amount to be deposited in the nationalized bank.

5.

Interim application is allowed and accordingly disposed of.

(V.G.BISHT, J. ) Trupti 2/2