Laxman Balram Nakle And ORS v. Mohammad Firozuddin Mo Mazharuddin And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 10410 OF 2017 IN FA/1107/2017 LAXMAN BALRAM NAKLE AND ORS

VERSUS

MOHAMMAD FIROZUDDIN MO MAZHARUDDIN AND ANR ...

Advocate for Applicants : Mr. Agrawal Pavankumar S. Advocate for Respondent No.1 : Mr. V. N. Upadhye

CORAM

: K. L. WADANE, J.

DATE :

8th August, 2017 ORDER:

1.

This is an application for withdrawal of the amount of compensation deposited by the respondents pursuant to the order passed by this court dated 10.04.2017 in Civil Application No.4447/2017. 2.

Learned counsel appearing for the respondent has objection to pay the entire amount to the applicants since the involvement of the vehicle itself is in dispute and the appeal against the award is pending. 3.

For the reasons stated in the application, I am of the opinion that at least 50% of the amount of compensation under award alongwith with interest accrued thereon is to be paid to the applicants. Hence following order:

1/2

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O R D E R

i. The applicants are allowed to withdraw 50% amount under the award with interest accrued thereon, on furnishing undertaking that in the event of adverse order passed in the appeal, they shall deposit the entire amount within a period of 8 weeks.

ii.Remaining 50% amount shall be invested in fixed deposit in the name of the applicants initially for a period of 13 months in any nationalized Bank.

4.

The civil application is disposed of (K. L. WADANE, J.) JPC 2/2