Bombay High CourtCAF/3861/2018ca disposed off

Mahindra And Mahindra Financial Services, Nagpur Thr. Auth. Signatory And Power Of Attorney Holder v. Smt. Pratibha Wd/O Homraj Niwant And Others

2019-08-29Hon'Ble Shri Justice Manish Pitale1 pages

1 caf3861.18 in fa1317.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.3861/2018 in First Appeal No.1317/2018 Mahindra & Mahindra Financial Services Ltd.

Vs.

Pratibha Niwant and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.R. Joharapurkar, Advocate for appellant. Mr. H.N. Bhondge, Advocate for Respondents No.1 to 7. CORAM : MANISH PITALE, J.

DATED : AUGUST 29, 2019 By order dated 04/12/2018, this Court granted stay to the impugned Judgment and order of the Tribunal on the appellant depositing 50% of the amount of compensation. There is no dispute about the fact that said amount has been deposited in this Court. In fact, the respondents No.1 to 5 (original claimants), have been permitted to withdraw the said amount on furnishing usual undertaking.

In this situation, the present application is allowed and the stay granted on 04/12/2018, is confirmed.

JUDGE MP Deshpande