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Bombay High CourtMCA/308/2022disposed of

Junaid Admani v. National Insurance Co. Ltd., Thr. Its Divisional Office

2023-01-05Hon'Ble Shri Justice M. S. Sonak2 pages

22-MCA-307, 308-22.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 307 OF 2022 IN FIRST APPEALS NO. 68 OF 2017 WITH MISC. CIVIL APPLICATION NO. 308 OF 2022 IN FIRST APPEALS NO. 66 OF 2017 JUNAID ADMANI ....APPLICANT.

Versus.

NATIONAL INSURANCE CO. LTD., THR. ITS DIVISIONAL OFFICE ....RESPONDENT.

Mr. Raunak R. Kantak, Advocate for the Applicant. Ms. Yadika Mandrekar, Advocate for the Respondent. CORAM :

M. S. SONAK, J.

DATE :5 th January 2023 P.C. : - 1.

Both these applications raise two issues. First issue is about the alleged short deposit by the Insurance Company and the second is about the withdrawal of the compensation amount. 2.

In so far as the issue of short deposit is concerned, the Applicant is granted liberty to file execution proceedings. It will be for the Executing Court to decide whether indeed there is any 05/01/23

22-MCA-307, 308-22.DOC short deposit and if so, whether there is any justification for the same.

3.

In so far as withdrawal of the compensation amount already deposited is concerned, the Applicant has moved Misc. Civil Applications No.390/2022 and 391/2022. Accordingly, the issue of withdrawal will be considered in those applications. 4.

Misc. Civil Applications No. 307/2022 and 308/2022 are disposed of in the above terms.

M. S. SONAK, J.

SANTOSH S MHAMAL SANTOSH S MHAMAL Date: 2023.01.06 10:25:53 +05'30'

05/01/23