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Bombay High CourtIA/661/2023disposed off

Smt.Ritadevi Radheshyam Chowdhary And ORS. v. M/S. New India Assurance Company Limited, Mumbai Thr.Its Manager And ANR.

2023-04-26Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

29-FA(ST)-5574-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 661 OF 2023 IN FIRST APPEAL (STAMP) NO. 5574 OF 2018 Ritadevi Radheshyam Chowdhary And Ors. ...

Applicants

IN THE MATTER BETWEEN

M/s New India Assurance Company Limited ...

Appellant

Versus

Ritadevi Radheshyam Chowdhary And Ors. ...

Respondents .....

Ms. Rina Kundu, for the Applicants in IA and for the Respondents in FA.

Ms. Jyoti Bajpayee, for the Appellant in FA.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 26th APRIL, 2023.

P.C.

This is an application seeking withdrawal of the amount of compensation deposited by the appellant-insurer pursuant to the judgment and order dated 11th August, 2017 passed by the Court of Workman's Compensation, Thane.

Learned Counsel for the appellant objects for withdrawal of REKHA PRAKASH PATIL by REKHA PRAKASH PATIL Date: 2023.04.28 11:22:27 +0530 Rekha Patil

29-FA(ST)-5574-2018.doc the amount, as according to her, in case the Appeal succeeds it would be difficult to recover the amount.

The applicants are permitted to withdraw 50% of amount deposited by the appellant-insurer with an undertaking that in case the Appeal succeeds, they will refund the amount with accrued interest, if any.

Application is disposed of in the aforesaid terms. [PRITHVIRAJ K. CHAVAN, J.] Rekha Patil