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Bombay High CourtCAF/522/2018disposed off

Bajaj Allianz General Insurance Company Limited v. Mr.Khawde Vasant Tippanna And ORS.

2018-11-21Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 522 OF 2018 WITH CIVIL APPLICATION NO. 523 OF 2018 IN FIRST APPEAL (ST.) NO. 2785 OF 2018 Bajaj Allianz General Insurance Company Limited .. Applicant/Appellant Vs.

1. Khawde Vasant Tippanna & Ors.

.. Respondents WITH CIVIL APPLICATION (ST.) NO. 12831 OF 2018 IN FIRST APPEAL (ST.) NO. 2785 OF 2018

1. Khawde Vasant Tippanna .. Applicant In the matter between :

Bajaj Allianz General Insurance Company Limited .. Appellant Vs.

1. Khawde Vasant Tippanna & Ors.

.. Respondents Mr.Sarthak S. Diwan, Advocate for applicant/appellant. Mr.Umesh H. Pawar, Advocate for respondent No.1. CORAM : A.S. CHANDURKAR, J.

DATE : 21ST NOVEMBER 2018 P.C.

CIVIL APPLICATION NO. 522 OF 2018 Considering the reasons mentioned in the application which are found to be acceptable, the delay in filing the appeal stands condoned. 1/3

The civil application is disposed of.

CIVIL APPLICATION NO. 523 OF 2018 As the applicant has deposited the entire amount of compensation as awarded by the Claims Tribunal, the execution of the Award passed by the Claims Tribunal shall remain stayed during the pendency of the appeal. The civil application is disposed of.

FIRST APPEAL (ST.) NO. 2785 OF 2018 The learned counsel for the appellant submits that the appeal has been filed raising limited challenge.

Issue notice for final disposal of the appeal, returnable on 28th January 2019.

The learned counsel waives notice on behalf of respondent No.1. The appellant to file notes of evidence on record by the said date. CIVIL APPLICATION (ST.) NO. 12831 OF 2018 By this application, the original claimant seeks permission to withdraw the amount of compensation as deposited by the appellant. Perused the impugned judgment. Though the prayer for withdrawal 2/3

is opposed by the learned counsel for the appellant, prima-faice, considering the nature of evidence on record, the claimant is permitted to withdraw 50% of the amount of compensation deposited, subject to filing an undertaking within a period of four weeks from today that in case, the appeal is allowed, the amount withdrawn as per the Court's directions, shall be repaid with interest at such rate the Court may direct. The civil application stands disposed of (A.S. CHANDURKAR, J.) 3/3