Sk.Abdul Wahab Sk. Abdul Karim And ORS v. Nanabhau Namdeo Shinde And ORS

(1) ca7531.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 994 CIVIL APPLICATION NO.7531 OF 2018 IN FAST/684/2017 SK.ABDUL WAHAB SK. ABDUL KARIM AND ORS

VERSUS

NANABHAU NAMDEO SHINDE AND ORS Mr. Amol P. Khedkar, Advocate for the applicants Mr. S. B. Darwande, Advocate for respondent No.3 CORAM :

N. J. JAMADAR, J.

DATE :

12-03-2021 P. C.

.

Heard learned counsel for the applicants and learned counsel for respondent No.3.

2.

There are averments in the application in justification of the prayer for withdrawal.

3.

Learned counsel for the respondent No.3 resisted the prayer for withdrawal.

4.

Having regard to the fact that the applicant had suffered 43% permanent disability, requirement of amount to meet necessities of life cannot be questioned.

(2) ca7531.18 5.

In the light of the situation in the life of the applicant, it may be expedient to allow the applicant to withdraw the amount of compensation deposited by the appellant. Hence, the following order.

ORDER

i.

The application stands allowed.

ii.

The applicant is permitted to withdraw the amount of compensation alongwith interest accrued thereon on furnishing an undertaking to the satisfaction of the learned Registrar (Judicial) of this court to bring back the amount in the event it is held that the applicant is not entitled to the compensation. iii.

The civil application stands disposed of.

[ N. J. JAMADAR, J. ] VishalK/ca7531.18