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Bombay High CourtCA/13326/2022admittedallowedgrantedrule absolute

Archana W/O Milind Rajurkar And ORS v. Kewal Krishan S/O Gianchand And ORS

2022-09-22Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Sandeep V. Marne2 pages

1 CA / 13326 / 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.13326 OF 2022 IN FA/991/2021 ARCHANA W/O MILIND RAJURKAR AND OTHERS

VERSUS

KEWAL KRISHAN S/O GIANCHAND AND OTHERS ...

Advocate for Applicants : Mr. Nagarkar Kiran M. Advocate for the respondents nos. 2 and 3 : Mr. S.G. Chapalgaonkar ...

CORAM

: MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 22 SEPTEMBER 2022 PC :

Heard both the sides.

2.

Original claimants are seeking to withdraw the amount of compensation deposited in this Court while granting interim relief. 3.

The tribunal has assessed the compensation of more than Rs.2,52,00,000/- (Two Crore Fifty Two Lakhs) that too payable with interest @ 9%.

4.

Having heard both the sides, we allow the application. 5.

The original claimant no. 1 - Archana, no. 2 - Aishwarya, no. 4 - Sheelabai and no. 5 - Padmakarrao are allowed to withdraw Rs.25,00,000/- (Rs. Twenty Five Lakh) each, subject to the usual

2 CA / 13326 / 2022 undertaking. The amount of claimant - Aishwarya shall be disbursed through her mother - Archana (applicant no.1). [ SANDEEP V. MARNE ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/