Pandit Vishwambhar Chavan v. Balkishan Babasaheb Suryawanshi And ANR

920ca7014.19

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.7014 OF 2019 IN FA/2679/2021 PANDIT VISHWAMBHAR CHAVAN

VERSUS

BALKISHAN BABASAHEB SURYAWANSHI AND ANR ...

Advocate for Applicants : Mr. H.P.Bondar h/f Mr.Deshpande Amit S. Advocate for Respondent No. 1 : Mr.S.S.Rathi ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 08.12.2022.

PER COURT :

1.

Heard rival submissions.

2.

The applicant/Original Complainant is seeking withdrawal of entire amount of compensation along with the interest thereon. The learned counsel for the appellant strongly opposed the application on the ground that the claimant was not employee of the appellant but still the trial Court saddled responsibility of paying compensation to the appellant as well as his brother jointly and severally. In view of the same, following order is passed

ORDER

i) The applicant claimant at this stage is permitted to withdraw only 50% of the deposited amount along with the interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial ) of this Court.

920ca7014.19 ii) The remaining amount be invested in FDR in any nationalized bank, till final disposal of this appeal.

Iii) Application accordingly disposed of.

( SANDIPKUMAR C. MORE ) JUDGE mahajansb/