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Bombay High CourtCAF/3816/2019disposed off

Shri. Prakash Balu Dandekar v. The New India Assurance Co.Ltd. The Divisional Mnager And ORS.

2021-08-23Hon'Ble Shri Justice Nitin W. Sambre2 pages

CAF-3816-2019.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3816 OF 2019 by BHARAT DASHARATH PANDIT Date: 2021.08.31 18:22:36 +0530 IN FIRST APPEAL (STAMP) No.21137 OF 2017 Shri Prakash Balu Dandekar ..... Applicant.

In the matter between The New India Assurance Co. Ltd.

..... Appellant.

V/s Shri Prakash Balu Dandekar and Ors.

..... Respondents.

Mr. Gautam Jain i/b Ms. N.S. Bobade for Applicant. Ms. Preet S. Phanse i/b H.G. Misar for original Appellant. CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 23, 2021 P.C.:- 1] Prayer for withdrawal of amount of compensation is objected by the Appellant-Insurance Company on the ground that Appellant has a strong case and there is every likelihood that Appellant will succeed in the matter.

2] Since the Appeal is admitted, it will be appropriate in my opinion to allow the claimant to withdraw 75% of the awarded money upon 1/2

CAF-3816-2019.doc furnishing undertaking that in case if present appeal is allowed, claimant shall redeposit the amount within 12 weeks from the date of such order with 6% interest p.a.

3] Application is accordingly disposed of.

( NITIN W. SAMBRE, J. ) 2/2