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Bombay High CourtIA/14755/2023disposed off

Mr. Sachin Shivram Pisal v. Shriram General Insurance Co. Ltd., Navi Mumbai And ANR.

2023-08-29Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

2023:BHC-AS:25275 P.H. Jayani 11 IA14755.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2005 OF 2023 (NOT ON BOARD. TAKEN ON BOARD.) IN FIRST APPEAL NO. 208 OF 2023 WITH FIRST APPEAL NO. 208 OF 2023 Shriram General Insurance Co. Ltd.

.... Appellant v/s.

Sachin Shivram Pisal and anr.

..... Respondents WITH INTERIM APPLICATION NO. 14755 OF 2023 IN FIRST APPEAL NO. 208 OF 2023 Sachin Shivram Pisal .... Applicant In the matter between :- Shriram General Insurance Co. Ltd.

.... Appellant v/s.

Sachin Shivram Pisal and anr.

..... Respondents Mr. Aniesh Jadhav for the Appellant - Insurance Company. Mr. T.J. Mendon for the Respondents-Claimants. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 29th AUGUST, 2023 P. C. :- INTERIM APPLICATION NO. 2005 OF 2023 :- .

Learned counsel for the Appellant states that the entire amount of compensation has been deposited before the Claims Tribunal. Hence, execution and implementation of the impugned judgment and award 1/2

P.H. Jayani 11 IA14755.2023.doc dated 13/10/2022 in M.A.C.P. No.205/2015 is stayed pending hearing of the Appeal.

2.

Interim Application stands disposed of.

INTERIM APPLICATION NO. 14755 OF 2023 :- 3.

The Applicant - Claimant has sought withdrawal of the compensation deposited by the Appellant - Insurance Company. 4.

In the light of the reasons stated in the application, the Applicant - Sachin Shivram Pisal is permitted to withdraw 50% of the compensation with proportionate interest accrued thereon. It is made clear that payment of compensation is subject to the final outcome of the Appeal. The Applicant/claimant shall give an undertaking before the Tribunal that he shall abide by the order that may be passed in the Appeal. 5.

Interim Application stands disposed of.

FIRST APPEAL NO.208 OF 2023 :- 6.

Issue notice to the Respondent No.2, returnable on 25/09/2023. Leave granted to serve the Respondents by private service. (SMT. ANUJA PRABHUDESSAI, J.) 2/2