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Bombay High CourtIA/1599/2020disposed off

Anagha Avinash Salkar And ORS. v. Sbi General Insurance Company Limited And ANR.

2021-03-03Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

Chitra Sonawane 14-IA-1599-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1599 OF 2020 IN FIRST APPEAL NO.1816 OF 2019 Anagha Avinash Salkar & Ors.

]...Applicants.

IN THE MATTER BETWEEN:

SBI General Insurance Co.Ltd.

].... Appellant.

Vs.

Anagha A. Salkar & Ors ]...Respondents.

...

Miss Varsha Chava, for the applicants.

Mr.D.S.Joshi for respondent/appellant.

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 3RD MARCH, 2021.

P.C. :

1.

This is an application for withdrawal of the amount of compensation.

2.

Mr.Joshi, the learned Counsel for the insurer, however, objects withdrawal of amount by stating that he has a good case on merits. 3.

In view of the reasons stated in paragraph 9 of the application for withdrawal of amount of compensation, permission is granted. 1 / 2

Chitra Sonawane 14-IA-1599-20.doc 4.

In the interest of justice, the applicants are permitted to withdraw 50% of the amount of their respective shares as apportioned by the Member of the tribunal with accrued interest. 5.

At the time of withdrawal, the claimants shall give Undertakings that in case, the appeal succeeds, they will refund the amount with interest, subject to outcome of the appeal.

6.

Application stands disposed of.

(PRITHVIRAJ K.CHAVAN,J.) 2 / 2