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Bombay High CourtCA/6976/2019disposed offdismissed for default

Subhash Maruti Gote And ANR v. Bajaj Allianz General Insurance Co. Ltd., Thr Manager, Aurangabad And ANR

2019-06-21Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

958.ca.6976.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.6976 OF 2019 IN FAST/29485/2018 SUBHASH MARUTI GOTE AND ANR

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR MANAGER, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Gore Ravindra Vitthal Advocate for Respondent No.1 : Mr. S.G.

Chapalgaonkar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 21st JUNE 2019 ORDER :

1.

Present application has been filed for withdrawal of the amount which has been deposited by the present respondent No.1 before the Commissioner Workmen's Compensation and Judge, Labour Court, Aurangabad.

It is stated that amount of Rs.12,49,626/- has been deposited. The appeal has been filed stating that there was no employer employee relationship between the deceased and the respondent No.1. At this stage, the competent court

958.ca.6976.2019.doc has given its findings that there was such relationship. Under such circumstance, though the appeal has been filed, case is made out for partial withdrawal of the amount.

2.

Applicant Nos. 1 and 2 are allowed to withdraw amount of Rs.3,00,000/- by submitting undertaking that they would make the said amount good, if directed at the time of final disposal of the appeal.

3.

Civil Application stands disposed of.

( Smt. Vibha Kankanwadi, J. ) Shubham/