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Bombay High CourtFA/1360/2015disposed off

The New India Assurance Co. Ltd. Through Mumbai Regional Office-I v. Mr.Dadasaheb Shankar Katkar And ORS.

2021-02-06Hon'Ble Shri Justice S. M. Modak,Lok Adalat2 pages

P.H. Jayani P-3 FA1360.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BEFORE SPECIAL LOK ADALAT FIRST APPEAL NO. 1360 OF 2015 The New India Assurance Company Ltd.

....Appellant v/s.

Dadasaheb Shankar Katkar and ors.

.... Respondents Mr. D.S. Joshi for the Appellant.

Mr. P.J. Pawar for Respondent Nos.1 and 2.

CORAM : S. M. MODAK, J.

D.S.DESHMUKH, REGISTRAR JUDICIAL-II.

K.N. SHINDE, DEPUTY REGISTRAR (PERSONNEL).

DATE : 06th FEBRUARY, 2021.

P.C. :- .

Not on board. Taken on board.

2.

The Appellant'

s authorized signatory is present. Respondent Nos.1 and 2 are present. They were identified their respective Advocates. They have filed their Consent Terms. The Consent Terms are taken on record and marked as '

Annexure-A' for identification.

3.

As per the Consent Terms, an amount of Rs.18,38,095/- was deposited on 13/01/2016 before the Claims Tribunal, Satara. Out of that amount, Appellant is entitled to withdraw an amount of Rs.2,50,000/- along with accrued interest from 13/01/2016. The 1/2

P.H. Jayani P-3 FA1360.2015.doc remaining amount along with accrued interest which was deposited before the Claims Tribunal, be paid to the Respondent Nos.1 and 2 in equal proportion. Hence, the following order :- (a) The Appeal is disposed of in terms of the Consent Terms. (b) Appellant is entitled to withdraw an amount of Rs.2,50,000/- along with accrued interest from 13/01/2016. The remaining amount along with accrued interest which was deposited before the Claims Tribunal, be paid to the Respondent Nos.1 and 2 in equal proportion.

(c) Statutory deposit along with accrued interest thereon, be transferred to the concerned Claims Tribunal forthwith. (d) R&P, if any, be sent back forthwith.

(e) Court fees, as permissible under the rules, be refunded. (f) All pending Civil Applications, if any, stand disposed of. (K. N.SHINDE) (D.S. DESHMUKH) (S. M. MODAK, J.) Preeti H.

Jayani Preeti H. Jayani Date: 2021.02.15 15:06:59 +0530 2/2