Arvind Baburao Limberkar., v. Manuel Joseph Fernandes @ Joseph Joaquim Fernandes And 5 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 196 OF 2020 IN APPEAL FROM ORDER NO. 38 OF 2016 ARVIND BABURAO LIMBERKAR., ... Applicant

Versus

MANUEL JOSEPH FERNANDES @ JOSEPH JOAQUIM FERNANDES AND 5 ORS., ... Respondents Adv. Milton Marshal for the Applicant.

Adv. Ms. V. Toraskar for the Respondent no.1. Coram:- DAMA SESHADRI NAIDU, J.

Date:- 7th December, 2020 P. C. :

The applicant, who is now 70 years old suffered an accident and secured an award of compensation. Questioning that award, the first respondent filed an appeal before this Court. Pending that appeal, this Court directed the first respondent to deposit Rs.5,00,000/- (Rupees Five lakhs only). That was deposited. Later, this Court eventually dismissed the appeal; Appeal From Order No.38-2016. As a result, the applicant has already filed execution proceedings before the Trial Court to recover the balance award amount.

2. Now, the applicant has filed this application for the Court's leave to withdraw the amount along with interest lying with this

MCA/196/2020 Court.

3. Heard the learned counsel the applicant and the learned counsel for the first respondent.

4. The application is allowed.

5. The Registry will pay to the applicant/petitioner the amount along with interest lying with it in terms of this Court's direction dated 27/11/2019.

DAMA SESHADRI NAIDU, J.

ap/-