Smt. Nima Haresh Harisinghani @ Neema Haresh Harisinghani v. United India Insurance Co. Ltd. Through Manager

osk 1000-CAF-3001-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3001 OF 2018 IN FIRST APPEAL (ST.) NO. 17628 OF 2018 Smt.Nima Haresh Harisinghani @ Neema Haresh Harisinghani & Ors.

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Applicant In the matter between United India Insurance Co. Ltd.

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Appellant V/s.

Smt.Nima Haresh Harisinghani @ Neema Haresh Harisinghani & Ors.

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Respondents • Mr.Nikhil Mehta i/b. KMC Legal Venture for the Appellant. • Mr.Sujay H. Gangal for the Applicant/Respondent No.1. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 31st OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the Applicant-Claimant and learned counsel for the Appellant.

2] This is an application filed by the Applicant-Claimant for withdrawal of the amount of compensation deposited in the Court. 3] Considering the necessity of the Applicants-Claimants, the Application needs to be allowed. However, having regard to the fact the Appeal is preferred by the Insurance Company against the 1/2

osk 1000-CAF-3001-2018.odt quantum of the compensation, the Applicants-Claimants cannot be permitted to withdraw the entire amount.

4] Therefore, the Application is partly allowed. The Applicants-Claimants are at liberty to withdraw 50% of the amount of compensation deposited with the Tribunal alongwith proportionate interest accrued thereon, subject to furnishing of usual undertaking. 5] The Civil Application is disposed of in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2