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Bombay High CourtCA/3545/2014admittedallowedgrantedrule absolute

Sunil Pandharinath Nagargoje (Lamb) v. The New India Assurance Company Ltd. And Another

2015-06-11Hon'Ble Shri Justice T.V. Nalawade2 pages

1 Application 3545 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.3545 of 2014 In First Appeal No.2832 of 2013 Sunil S/o Pandharinath Nagargoje (Lamb).

.. Applicant.

Versus

The New India Assurance Co. Ltd.

And Another.

.. Respondents.

-------- Shri. N.R. Bhavar, Advocate, for applicant. Shri. A.B. Kadethankar, Advocate, for respondent No.1. -------- CORAM: T.V. NALAWADE, J.

DATE : 11h JUNE 2015 ORDER:

1) The application is filed for permission to withdraw the amount deposited by the insurance company towards compensation under Workmen's Compensation act. The Insurance company has challenged the decision on two grounds. The insurance company wants to show that the was no relationship as employer and employee and there was no 100% disablement.

2 Application 3545 of 2014 2) Seen the judgment. There is evidence of the doctor. In view of these circumstances the applicant is allowed to withdraw an amount of Rs. three lakh. He is to give undertaking to the Court that in case the matter is decided against him he will deposit the entire amount along with interest at the rate of 9% per annum. The application is disposed of. List the first appeal for disposal at the admission stage. Call record and proceeding. Sd/- (T.V. NALAWADE, J. ) rsl