Bombay High CourtMCA/352/2015disposed of

Gustav Renato De Cruz Pinto (Since Deceased) Through Lrs., v. Fomento Resorts And Hotels Limited, Thr. Its Managing Director Mrs. Anju Timblo And ANR.,

2016-11-28R. P. Sondurbaldota,Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 352 OF 2015 IN FIRST APPEAL NO. 255 OF 2002 GUSTAV RENATO DE CRUZ PINTO (SINCE DECEASED) THROUGH LRS., ... Applicant

Versus

FOMENTO RESORTS AND HOTELS LIMITED, THR. ITS MANAGING DIRECTOR MRS. ANJU TIMBLO AND ANR., ... Respondents Shri S.G. Bhobe, Advocate for the Applicants. Ms. R. Pereira, Advocate for Respondent No.1. Coram:- SMT. R. P. SONDURBALDOTA & C. V. BHADANG, JJ.

Date:- 28th November, 2016 P.C.:

This application is for withdrawal of the amount of Rs.6,41,150/- deposited by respondent no.1 in this Court towards the compensation payable to original claimant i.e. Shri Gustavo Renato Da Cruz Pinto. The applicants are the heirs and legal representatives of Shri Gustavo Renato Da Cruz Pinto, i.e. the widow and nine children.

2. Ms. R. Pereira, the learned Counsel appears for the respondent no.1 and admits that the Special Leave Petition filed by respondent no.1 in the Apex Court has been dismissed on merits on 20th January, 2014 and leaves the grant of application to the discretion of

MCA/352/2015 the Court. The applicants' Special Leave Petition in the Apex Court for further enhancement of the compensation is pending.

3. In such circumstances, the application is allowed in terms of prayer clause (a).

C. V. BHADANG, J.

SMT. R. P. SONDURBALDOTA, J.