Mr. Baiju Velayudhan Kalakodath Anad ANR. v. Iffco Tokio Genral Insurance Co. Ltd.

2023:BHC-AS:32422

907. IA 3448-23.doc8.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3448 OF 2023 IN FIRST APPEAL NO.421 OF 2023 WITH CIVIL APPLICATION NO.1351 OF 2016 Mr. Baiju Veleayudhan Kalakodath ...

Applicant (Original Applicant) In the matter of :

IFFCO-Tokio General Insurance Co. Ltd.

...

Opponent (Original Insurer)

Versus

Mr. Baiju Veleayudhan Kalakodath ...

Applicant (Original Applicant) Mr. Bhudev S. Mhatre ...

Respondent No.2 (Original Insured-Opp. Party) *** Mr. Jitendra Gor the Applicant.

Ms. Jyoti Bajpayee for Respondent/Original Insurer. *** CORAM : NITIN B. SURYAWANSHI, J.

DATE : 27 OCTOBER 2023 P.C.

.

Heard.

This is an application filed for withdrawal of the compensation amount deposited by the Respondent/Original Insurer. Learned Counsel for the Respondent has vehemently opposed the application, Chittewan 1/2

907. IA 3448-23.doc8.doc contending that Applicant is not entitled for compensation as there is no employer and employee relationship.

For the reasons stated in the application, Interim Application is allowed. The Applicant is permitted to withdraw 50 per cent of compensation amount deposited by the Respondent/Original Insurer on furnishing the undertaking. Interim Application is disposed of. (NITIN B. SURYAWANSHI, J.) Chittewan 2/2