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Bombay High CourtCA/7857/2021disposed off

Ganesh Dattatray Parve v. Gurulal Singh, Kulwantsingh Sandhu And Others

2021-08-11Hon'Ble Shri Justice R. G. Avachat1 pages

C.A. No.7857/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7857 OF 2021 IN FIRST APPEAL NO.3179 OF 2016 Ganesh s/o Dattatray Parve ... APPLICANT

VERSUS

Gurulal Singh Kulwantsingh Sandhu & ors.... RESPONDENTS .......

Mr. F.K. Patel, Advocate for applicant Mr. S.R. Bagul, Advocate for respondent No.3. .......

CORAM :

R. G. AVACHAT, J.

DATE :

11th AUGUST, 2021 PER COURT :

Heard. Perused the impugned award. It appears that, there is double calculation. There is also a case of contributory negligence. In the fitness of things, the applicant is permitted to withdraw 80% of the amount in deposit with interest accrued thereon i.e. 40% of the entire amount under the award, on furnishing usual undertaking. Civil Application is disposed of.

( R. G. AVACHAT ) JUDGE fmp/-