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Bombay High CourtCAF/1672/2016disposed off

The New India Assurance Co. Ltd. Through Mumbai Regional Office-I v. Mr. Mahadeo Laxman Waghmode And ANR.

2017-03-07Hon'Ble Shri Justice M.S. Sonak2 pages

Kavita 921 CA NO.1672 OF 2016 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1672 OF 2016 IN FIRST APPEAL NO.700 OF 2016 The New India Assurance Co.Ltd Applicant

Versus

Mahadeo Laxman Waghmode Respondent ...

Mr.D.S.Joshi for the Applicant Mr.R.S.Alange for Respondent ...

WITH CIVIL APPLICATION NO.155 OF 2017 IN FIRST APPEAL NO.700 OF 2016 Mahadeo Laxman Waghmode Applicant In the matter between The New India Assurance Co.Ltd Ori. Appellant

Versus

Mahadeo Laxman Waghmode and anr. Respondents ...

Mr.R.S.Alange for Applicant.

Mr.D.S.Joshi for Ori. Appellant.

...

CORAM:M.S.SONAK,J DATED :7th MARCH 2017

Kavita 921 CA NO.1672 OF 2016 .doc PC:

1.

Heard the learned counsel for the parties. Since the entire awarded amount together with costs and interest has already been deposited before the concerned MACT, there shall be restraint upon execution of the impugned award during the pendency of this Appeal. However, the MACT, shall permit the Respondent to withdraw an amount of Rs.3,00,000/- unconditionally. However, such amount shall abide by final orders that will be made in this appeal. 2.

Civil applications for stay and withdrawal are disposed of accordingly.

3.

All concerned to act on the basis of authenticated copy of this order.

( M.S.SONAK,J)