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Bombay High CourtCAF/3113/2018ca disposed off

National Insurance Co. Ltd., Nagpur Thr. Divisional Manager, Amravati v. Smt. Durga Wd/O Purushottam Gunjekar And Others

2019-02-05Hon'Ble Shri Justice A.S. Chandurkar2 pages

FA107-19 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 107/2019 (NATIONAL INSURANCE CO.LTD., NAGPUR THR. D.M. AMRAVATI VERSUS DURGA PURUSHOTTAM GUNJEKAR & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.W. Paunikar, counsel for appellant.

Shri V.D. Awachat, counsel for R-1 to 5.

CORAM : A.S. CHANDURKAR, J.

DATE : FEBRUARY 05 , 2019.

The appellant to supply copies for issuing notices to respondent nos.6 to 8 within a period of one week. C.A.F. NO. 3113/2018.

As the entire amount of compensation has been deposited in this Court, the execution of the impugned award shall remain stayed during pendency of the appeal.

Civil application stands disposed of.

C.A.F. NO. 547/2019.

By this application, the claimants seek permission to withdraw the amount of compensation as deposited. The application is opposed by the learned counsel for the appellant/non-applicant.

Perused the impugned judgment. Considering the nature of evidence on record, the claimants are permitted to withdraw 50% of the amount of compensation as deposited. The non-applicant no.1 shall file an undertaking within eight weeks stating therein that in case the appeal is allowed, the amount withdrawn shall be re-deposited with interest at such rate the Court may direct. Remaining amount shall be invested in Fixed Deposit.

FA107-19 Civil application stands disposed of in aforesaid terms. JUDGE APTE