Bombay High CourtCAF/1876/2022ca disposed off

Kavita W/O Purushottam Daware v. Smt. Harsha Pramod Belokar And Others

2022-09-07Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 11caf1876.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1876 OF 2022 IN FIRST APPEAL NO.1925 OF 2019 [DECIDED] [Kavita w/o Purushottam Daware .vs. Smt. Harsha Pramod Belokar and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Gayatri Diwe, Advocate h/f Shri P. R. Agrawal, Advocate for the appellant, Shri M.R. Joharapurkar, Advocate for respondent nos.1 to 3. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 07/09/2022 .

Present application is filed by respondent nos.1 to 3 for modification/correction of orders passed by this Court on 28.02.2022 and 22.04.2022. There are inadvertent mistakes as to the date of judgment and award. It is wrongly mentioned as 9th December, 2019 instead of 29th August, 2019. So date of judgment and award be corrected. The amount of Rs.25,000/- deposited in this court while filing of appeal was directed to be transferred to the Motor Accident Claims Tribunal, Amravati. The said correction in para 3 was carried out in view of order dated 22nd April, 2022. 2.

The learned counsel for the appellant submits that due to this direction to transfer the amount of Rs.25,000/- to the M.A.C.T. Amravati, the same is

2 11caf1876.22.odt creating hurdle in their withdrawal of amount. 3.

In view of above, I pass the following order :

Respondent nos.1 to 3 are permitted to withdraw the entire amount of compensation deposited by the appellant in this Court including the amount of Rs.25,000/- along with accrued interest thereon. On such permission, there is no necessity to transfer any amount to the M.A.C.T. Amravati. Accordingly, Registry is directed to disburse the entire amount of compensation including the amount of Rs.25,000/- along with accrued interest in favour of respondent nos.1 to 3 on furnishing their bank details.

Civil Application is disposed of.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur