Smt. Sulochana S. Sankpal And ORS. v. The Executive Engineer, City Transport

Tikam 1/2 41- IA 2078 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION No. 2078 OF 2021 IN FIRST APPEAL No. 563 OF 2002 Smt. Sulochana S. Sampat and Ors.

...Applicants In the matter between The Executive Engineer, City Transport, Bombay Municipal Corporation, Mumbai ...Appellant Vs.

Smt. Sulochana S. Sampat and Ors.

...Respondents

* * * * Mr. Ravindra Pal i/b. R.V. Sankpal & Associates for Applicants Coram : Sandeep K. Shinde, J.

Dated: 2nd MAY, 2022.

P.C. :

1.

The Executive Engineer, City Transport, Bombay Municipal Corporation, deposited the compensation in the Registry of the High Court, Mumbai Bench, pursuant to the Judgment and Award dated 10th December, 2001 passed in M.A.C.P.No.113/1992.

Tikam 2/2 41- IA 2078 OF 2021 2.

The Claimants therein, moved this application, seeking permission to withdraw 50% amount of compensation with interest accrued thereon.

3.

Heard learned counsel for the Applicants. None appears for the Respondents.

4.

Perused the application. In consideration of the facts of the case, and the averments in the application, permission deserves to be granted to the Applicants to withdraw 50% amount of compensation, deposited by the Appellant with interest accrued thereon, till 31st March, 2022, subject to an undertaking to refund the amount, in the event, appeal succeeds. 5.

Application is partly allowed and disposed of in the aforesaid terms.

(Sandeep K. Shinde, J.)