Michael Joaquim F. D'Souza., v. State Of Goa, Thr. Goa Police Dept., Panaji And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 101 OF 2020 IN MISC.CIVIL APPLICATION NO. 941 OF 2019 MICHAEL JOAQUIM F. D'SOUZA., ... Applicant

Versus

STATE OF GOA, THR. GOA POLICE DEPT., PANAJI AND 2 ORS., ... Respondents Shri Byron Rodrigues, Advocate for the applicant. Ms.Susan Linhares, Addl. Govt. Advocate for the respondents. Coram:- DAMA SESHADRI NAIDU, J.

Date:- 6th November, 2020 P.C.

The applicant, is the original respondent no.1 in the appeal against the Claims Tribunal award. State has filed this appeal to have the award stayed. This Court required the appellants to deposit the awarded amount. The appellants did comply with the requirements. Now the applicant/original respondent has come up with this application and seeks Court's leave to withdraw the amount.

2. In response to the submission advanced by the original respondent's counsel, the learned AGA Ms. S. Linhares insists that the respondent should provide bank guarantee, if at all he wants to withdraw the amount.

3. After going through the record, I reckon that the respondent

MCA/101/2020 is the victim of an accident who has been awarded the compensation. As this appeal is pending the applicant/respondent is permitted to withdraw 75% of the amount pending with the Court deposited by the appellants.

4. Application stands disposed of.

DAMA SESHADRI NAIDU, J.

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