Mr. Rauji Ulhas Kakodkar, Thr. Its Poa Mr. Swapnil Kakodkar., v. Bajaj Allianz General Insurance Co. Ltd.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 181 OF 2017 IN FIRST APPEAL NO. 121 OF 2015 MR. RAUJI ULHAS KAKODKAR, THR. ITS POA MR. SWAPNIL KAKODKAR., ... Applicant

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., ... Respondent Mr. Shailesh Redkar, Advocate for the Applicant. Mr. N. Goveker, Advocate for the Respondent.

Coram:- F. M. REIS, J.

Date:- 10th March, 2017 P.C.

Heard.

2. This is an application to withdraw an amount of Rs.8,00,000/-, being part of the amount deposited in this Court whilst obtaining stay of the operation of the impugned Award passed by the Claims Tribunal dated 02.03.2015.

3. It is pointed out that the Applicant is in dire need of money as, according to him, some outstanding liabilities are payable by the Applicant immediately. It is also submitted that medical expenses itself worked out to a sum of nearly Rs.5,00,000/-.

MCA/181/2017 4.

The learned Counsel appearing for the Respondents-Insurance Company, states that any money allowed to be withdrawn should be subject to an undertaking that the amount should be refunded in case any adverse Order is passed in the Appeal.

5. In the peculiar facts and circumstances of the case, the Applicant is permitted to withdraw the sum of Rs.8,00,000/- upon executing an undertaking to the satisfaction of the Registrar (Judicial) of this Court to the effect that in case of any adverse Order in the above Appeal, the amount shall be refunded subject to the Orders passed therein.

6. Application stands disposed of.

F. M. REIS, J.

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