Mr. Vikram Sukhram Rajput v. Bajaj Allianz Gen. Ins. Co. Ltd. And ANR.

5-CAF-35-2020.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 35 OF 2020 IN FIRST APPEAL ST. NO. 18669 OF 2018 Vikram Sukhram Rajput ...Applicant

IN THE MATTER OF

Bajaj Allianz Gen. Ins. Co. Ltd.

...Appellant

Versus

Vikram Sukhram Rajput & Anr.

...Respondents

......

Mr.T.J.Mendon for the Applicant.

Mr.Sarthak S. Diwan for Respondent No.1/ Original Appellant. ......

CORAM:

V.G.BISHT, J.

DATE:

15TH JANUARY, 2020 PC:- 1.

This application is moved for withdrawal of amount deposited by the original appellant pursuant to the judgment and order dated 15th May, 2017 passed by the learned Commissioner for Employees' Compensation & Judge, Eight Labour Court, Mumbai in Application (ECA) No. 386/C-80/2013. 2.

Heard the learned counsel for both the parties. Trupti 1/2

5-CAF-35-2020.DOC 3.

Considering the judgment and order and the submission of the learned counsel, the applicant is allowed to withdraw 50% of the amount deposited by the appellant/insurance company. The applicant is directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest. The remaining amount is to be deposited in the fixed deposit of any nationalized bank. 4.

Civil Application is allowed and accordingly disposed of. (V.G.BISHT, J. ) Trupti 2/2