Bharti Sandeep Matre And ORS v. Mohamad Mutalib Abdul Talib Shaikh And ORS

964-CA-13648-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13648 OF 2019 IN FIRST APPEAL (ST) NO. 31090 OF 2018 Bharati Sandeep Matre and Others ..APPLICANTS

VERSUS

Mohamad Mutalib Abdul Talib Shaikh and Others ..RESPONDENTS ....

Mr. B.V. Dhage, Advocate for applicants Mr. R.A. Deshmukh, Advocate for respondent nos. 1 and 2 Mr. S.S. Dargad, Advocate h/f Mr. S.G. Chapalgaonkar, Advocate for respondent no.3 ....

CORAM : R.G. AVACHAT, J.

DATED : 01st OCTOBER, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for the respondents objects to permit withdrawal of the amount.

3.

It is a death claim. The amount involved is not more than Rupees Eight Lakhs. In the fitness of things, the applicants are permitted to withdraw 70% of the amount under the impugned award alongwith interest accrued thereon on submitting usual undertaking to the satisfaction of the Registrar 1 / 2

964-CA-13648-19.odt (Judicial) of this Court, 50% of which be paid to the widow of the deceased and 20% be paid equally to the parents of the deceased. Balance 30% amount be invested in fixed deposit with any of the nationalised bank. 4.

Civil application stands disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2