Hemant Dabolkar v. Sadanand Vaigankar And ANR

31 MCA 63 of 2021.doc

IN THE HIGH COURT OF BOMBAY AT GOA

MISCELLANEOUS CIVIL APPLICATION NO.63 OF 2021 IN FIRST APPEAL NO.119 OF 2012 HEMANT DABOLKAR ... Applicant / Appellant.

VS SADANAND VAIGANKAR AND ANR.

... Respondents.

Mr. Narayan Dattaram Govekar, Advocate for the Applicant / Appellant.

Mr. Emerico Afonso, Advocate for Respondent No.2. Coram: M.S. SONAK, J.

Date: 20 th July 2021.

P.C.:

1.

Heard learned Counsel for the parties.

2.

Miscellaneous Civil Application No.63 of 2021 is disposed of by directing the Registrar to make payment to the Applicant in terms of the Judgment and Order dated 27.01.2021 disposing of the First Appeal No.119 of 2012.

3.

There is some issue about payment earlier made. The Registrar to verify this position and if payments have been made earlier, then to give necessary credit for such payments. The learned Counsel for the Applicant states that no payments have been made but the learned 20th July 2021

31 MCA 63 of 2021.doc Counsel for the Insurance Company states that some payments have been made. This is a matter which the Registrar will have to verify. 4.

The learned Counsel for the parties agree to appear before the Registrar (Judicial) on 29.07.2021 at 4:00 p.m. The Registrar (Judicial) to permit the parties to make withdrawals in terms of the order dated 27.01.2021. If, any amounts remain after making payments to the Applicants herein, obviously, the said amounts will have to be given to the Insurance Company. The interest that may have accrued on the deposited amount to also be apportioned accordingly. 5.

This application is disposed of in the aforesaid terms. All concerned to act based on an authenticated copy of this order. M.S. SONAK, J.

jfd/- 20th July 2021