Smt. Sanjivani Mohan Pawar And ORS. v. The New India Assurance Company Limited

903-FA-551-16- 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE FIRST APPEAL NO.551 OF 2016 WITH CIVIL APPLICATION NO.1331 OF 2016 The New India Assurance Co. Ltd.

-vsSanjivani Mohan Pawar 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 D. R. Mahadik, Advocate for appellant.

Shri Vishwambhar M. Parkar, Advocate for respondent Nos.1 to 3.

CORAM : A.S.CHANDURKAR, J.

DATE : November 28, 2018 Heard.

Admit.

Call for record and proceedings.

Shri V. M. Parkar, learned counsel waives notice on behalf of respondent Nos.1 to 3.

Civil Application No.1331 of 2016 The claimants seek permission to withdraw the amount of compensation as awarded by the Claims Tribunal. Heard the learned counsel and perused the impugned judgment. Prima facie considering the observations in paragraph 11 of the impugned judgment of the Claims Tribunal the claimants are permitted to withdraw 50% of the amount of compensation as deposited. The claimants shall file an undertaking before this Court within period of eight weeks from today that in case the appeal is allowed the amount withdrawn would be repaid with interest at such

903-FA-551-16- 2/2 rate the Court may direct. The remaining amount shall remain invested in Fixed Deposit.

Civil Application is disposed of.

(A.S.CHANDURKAR, J.) Asmita