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Bombay High CourtCA/5471/2024admittedallowedgrantedrule absolute

Yogesh Bhagwan Dighule v. Kakasaheb Narayanrao Wabale And ORS

2024-06-21Hon'Ble Shri Justice Kishore C. Sant2 pages

31ca5471.24 withdraw

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 5471 OF 2024 IN FAST/417/2024 YOGESH BHAGWAN DIGHULE

VERSUS

KAKASAHEB NARAYANRAO WABALE AND ORS ...

Advocate for Applicant : Mr. Amol P. Khedkar Advocate for Respondent No.3 : Mr. A.G. Choudhari ...

CORAM : KISHORE C. SANT, J.

DATE : 21st JUNE, 2024.

PER COURT :

1.

Heard the parties for some time.

2.

This application is by the Original Claimant for withdrawal of amount of compensation deposited by the appellant Insurance Company in this Court in appeal pursuant to the judgment and award passed by the Member MACT, Aurangabad.

3.

The application is vehemently opposes by the appellant Insurance Company 4.

After hearing the arguments this Court is inclined to

31ca5471.24 withdraw pass following order :

ORDER

a) The application is partly allowed and disposed off.

b) The applicant is allowed to withdraw 50% of the amount alongwith accrued interest deposited in this court on furnishing usual undertaking. c) The applicant is allowed to withdraw 25% amount alongwith accrued interest by giving solvent surety/security to the satisfaction of the Registrar, (Judicial) of this Court that in case the appeal is allowed the applicant shall re-deposit the whole amount in this Court.

d) Remaining 25% of the amount shall be deposited in the Fix Deposit, in any Nationalized Bank to be renewed periodically till the disposal of the appeal.

( KISHORE C. SANT ) JUDGE mahajansb/