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Bombay High CourtCAF/3807/2019disposed off

Shri. Kisan Laxman Bhoye And ANR. v. The New India Assurance Co.Ltd. The Divisional Mnager And ORS.

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

CAF-3807-19.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3807 OF 2019 by BHARAT DASHARATH PANDIT Date: 2021.08.31 18:22:37 +0530 IN FIRST APPEAL (STAMP) NO.20276 OF 2017 Shri Kisan Laxman Bhoye and Ors.

..... Applicants.

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

..... Appellant.

V/s Shri Kisan Laxman Bhoye and Ors.

..... Respondents.

Mr. Gautam J. Jain i/b Namrata S. Bobade for the Applicants. Ms. Preet S. Phanse i/b H.G. Misar for original Appellant. Mr. Pranjal Khatavkar i/b Shriram Kulkarni for Respondent No.4. 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-3807-19.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