New India Assurance Co. Ltd,Pachmari,Hoshangabad,Thr Third Party Hub Manager, Nagpur v. Hemlata Wd/O. Arvind Bondhate
2023:BHC-NAG:12530 26-CAF 1702-23 in FA 188-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 1702 OF 2023 IN FIRST APPEAL NO. 188 OF 2023 NEW INDIA ASSURANCE CO. LTD, PACHMARI, HOSHANGAB, THR. THIRD PARTY HUB MANAGER, NAGPUR ...VERSUS...
HEMLATA WD/O. ARVIND BONDHATE AND ORS.
____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Ms. S.H.Bhatia, Advocate for appellant.
Shri Asgar Hussain, Advocate for respondent no. 1 to 3/applicants.
CORAM
:
SMT. M. S. JAWALKAR,J.
th AUGUST, DATE :
The present application is filed for grant of permission to withdraw 80% of the amount of compensation deposited by the appellant in this Court.
2.
The learned counsel for the applicants has drawn my attention to the Ground No. (iii) of the appeal, from which, it appears that there is dispute over the amount of Rs. 8,09,446/-, whereas the total amount of compensation of Rs. 54,87,185/- has been awarded. 3.
Though the application is opposed by learned counsel for the appellant, in view of the Ground No. (iii) of appeal, it would be appropriate to release the amount. Accordingly, the application is allowed.
4.
80% of the amount of compensation along with accrued interest be released in favour of respondent nos. 1 to 3 in proportion as mentioned in the award, on furnishing usual undertaking to the
26-CAF 1702-23 in FA 188-23.odt effect that, if the appellant succeeds in the matter, respondent nos. 1 to 3/claimants shall redeposit the amount after final order, which would be passed in the First Appeal.
5.
Nazir is directed to disburse the amount as mentioned above after due verification of the documents. 6.
Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar