Shri. Jagdish Jaywant Bhanushali And ANR. v. The New India Assurance Co. Ltd. And ORS.

909-996-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.996 OF 2014 WITH CIVIL APPLICATION NO.2579 OF 2014 WITH CIVIL APPLICATION NO.4180 OF 2018 The New India Assurance Co. Ltd.

-vsJagdish Jaywant Bhaushali and ors.

----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. M. Dange, Advocate for appellant.

Shri Akshay Kulkarni, Advocate i/b Manoj Patil, Advocate for respondent Nos.1 and 2.

Ms Trupti A. Bharadi, Advocate for respondent No.4. CORAM : A.S.CHANDURKAR, J.

DATE : December 20, 2018 Heard.

Admit.

Call for record and proceedings.

Respective counsel waive notice for the respondents.

Civil Application No.2579 OF 2014 Heard the learned counsel and perused the impugned judgment.

As the entire amount of compensation as awarded by the Claims Tribunal has been deposited, the execution of the impugned award shall remain stayed during pendency of appeal.

Civil Application is allowed and disposed of.

909-996-14 2/2 Civil Application No.4180 OF 2018 Heard the learned counsel and perused the impugned judgment.

Considering the nature of evidence on record the claimants are permitted to withdraw 50% of the amount of compensation as deposited on furnishing undertaking within period of eight weeks from today that in case the appeal is allowed, the same shall be refunded with interest at such rate the Court may direct. Remaining amount shall be invested in Fixed Deposit.

Civil Application is allowed and disposed of. (A.S.CHANDURKAR, J.) Asmita