Bombay High CourtMCA/712/2017disposed of

Kameshwari Rajendra Sabnis And 2 ORS., v. Bajaj Allianz General Insurance Co.Ltd., Thr. Its Authorized Signatory Pravin P. Prabhu And ANR.,

2018-02-16Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 712 OF 2017 IN CIVIL APPLICATION NO. 4 OF 2015 KAMESHWARI RAJENDRA SABNIS AND 2 ORS., ... Applicants

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., THR. ITS AUTHORIZED SIGNATORY PRAVIN P. PRABHU AND ANR., ... Respondents Mr. R.Kantak, Adv. for the applicants.

Mr. N.Govekar, Advocate for the respondents.

Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 16th February 2018 P.C.

Reply filed by the respondent is taken on record.

2. This is an application for withdrawal of amount of compensation deposited by the respondents awarded by the Tribunal by judgment dated 18.10.2013 in Claim Petition No.5/12.

3. In the reply, the respondents contend that only 50% of the amount deposited in the Court be released in favour of the applicants subject to furnishing bank guarantee or written undertaking.

4. Heard.

5. The learned counsel for the applicants undertakes to furnish

MCA/712/2017 written undertaking that in case the appeal succeeds, the applicants would refund the entire amount of compensation. The learned counsel for the respondents submits that necessary orders be passed.

6. The application is allowed. The Registry is directed to release the amount along with accrued interest in favour of the applicants, after due identification. The applicants shall furnish undertakings before the Registry, as stated above.

7. Application stands disposed of.

PRITHVIRAJ K. CHAVAN, J.

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