Surendera Manohar Karnik v. M/S. Cormpton Greaves Ltd.

911 SA 118.2017.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2023.03.10 10:44:27 +0530 SECOND APPEAL NO.118 OF 2017 Surendra Manohar Karnik ...Appellant V/s.

M/s Crompton Greaves Ltd. & Anr.

...Respondents

Mr. Mahendra Agavekar for Appellant.

Ms. Yogita Deshmukh Chitnis for Respondents.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

9th MARCH 2023 P.C.:

1.

Mr. Agavekar, learned Counsel appearing for the Appellant states that he has written instructions to withdraw the Second Appeal. The said written instructions are taken on record and marked 'Y' for identification.

2.

Mr. Agavekar states that by the impugned judgment and decree dated 27th July 2016 passed by the learned District Judge-9, Nashik inter alia in Regular Civil Appeal No. 107 of 2005, the Respondent-Company was directed to pay an amount of compensation equivalent to two years' salary of the Appellant

911 SA 118.2017.doc on the basis of pay and allowances drawn by the Appellant as on 2nd April 2000. Both the learned Advocates state the said amount is deposited in the District Court, Nashik by the Respondent. The Respondent has not challenged the order directing payment of compensation and therefore that order as far as Respondent is concerned has become final. Therefore, the Appellant is permitted to withdraw the said amount, which has been deposited in the learned District Court, Nashik alongwith accrued interest, if any.

3.

The Second Appeal is dismissed as withdrawn, subject to above. No order as to costs.

(MADHAV J. JAMDAR, J.)