Gangadhar Uttam Bhavale v. Ramu Ambadas Magar And Another

2024:BHC-AUG:8018 11-CA-233-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 233 OF 2024 IN FA/3158/2022 GANGADHAR UTTAM BHAVALE

VERSUS

RAMU AMBADAS MAGAR AND ANOTHER ...

Advocate for Applicant : Mr. Mohit R. Deshmukh Advocate for Respondent No.2 : Mr. B. S. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent No.2/appellant.

2.

The applicant has lost his leg. He was a Mason. He suffered 100% disability. Therefore, he prayed to allow him to withdraw the entire amount deposited with this Court.

3.

Learned counsel for respondent No.2 has preferred an appeal on the ground of quantum. Considering the facts and circumstances, the age and occupation of the applicant, the Court is of the view that the application deserved to be allowed. Hence, the order;

ORDER

i) The application is allowed.

ii) The applicant is permitted to withdraw the entire amount deposited with this Court. Out of it, 75% amount be released him on furnishing undertaking that he would deposit the amount, if the impugned judgment and award is reversed. Remaining 25% amount be released on surety/security. ( S. G. MEHARE, J. ) rrd