Bombay High CourtCAF/624/2019admittedallwdgrantedrule absolute

Bajaj Allianz General Insurance Co. Ltd., Nagpur Through The Senior Executive Clamis (Legal) v. Ajabsing Fulsing Solanke And Others

2019-02-20Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2002caf624.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.624/2019 IN FIRST APPEAL NO.214/2018 Bajaj Allianz General Insurance Co. Ltd. Through the Senior Executive, Nagpur ...Versus...

Ajabsing Fulsing Solanke and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Counsel for appellant Shri Shrikant Saoji, Counsel for respondent nos.1 and 2/applicants CORAM : ARUN D. UPADHYE, J.

DATE : 20/02/2019 Heard.

Perused the application.

The applicants/respondent nos.1 and 2 have applied for withdrawal of the amount deposited by the appellant in this Court.

I have perused the impugned judgment and award. It appears that the liability upon the respondent no.3 is half of the amount of the compensation, awarded by the Tribunal. It further appears that the Tribunal has also directed the original respondents to deposit Rs.3,00,000/- each out of the total compensation.

2002caf624.19.odt Considering the above facts and circumstances of the case and considering the fact that the appellant has deposited amount of Rs.8,71,592/- towards liability, as per the award, the respondent nos.1 and 2/applicants are permitted to withdraw an amount of Rs.4,50,000/- out of the amount of Rs.8,71,592/-, upon furnishing usual undertaking to the satisfaction of the Registrar (Judicial) that in case the first appeal is allowed, they will refund the amount with interest at such rate the Court may direct and remaining amount be kept in fixed deposit in any nationalized Bank, till final disposal of the first appeal.

The civil application is partly allowed and disposed of accordingly. No order as to costs. JUDGE Wadkar, P.S.