Janu Babuso Naik v. Narsinvrao S. Chawan @ Swapnil And ANR

MCA 36 of 2023 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.36 OF 2023 IN FIRST APPEAL NO.102 OF 2016 JANU BABUSO NAIK ... APPLICANT

Versus

NARSINVRAO S. CHAWAN @ SWAPNIL AND ANR ... RESPONDENTS Mr Vaman Kurtikar, Advocate for the Applicant. CORAM:- M. S. SONAK, J.

DATED :- 28th July, 2023 P.C.:

Mr Kurtikar finally appears in the matter on behalf of the applicant.

2. Mr Kurtikar points out that the Registry has permitted the applicants/claimants to withdraw the amount deposited in First Appeal No.18/2021 in terms of order dated 20.10.2022 disposing of the said appeal.

3. However, he points out that some amount was deposited in First Appeal No.102/2016 which was disposed of by order dated 18.08.2017. By this order, the matter was remanded to the Tribunal. Upon remand, the Tribunal made an award which was questioned in First Appeal No.18/2021. He submits that even the amount deposited 28th July, 2023

MCA 36 of 2023 in First Appeal No.102/2016 should now be paid to the claimants.

4. Mr Kurtikar points out that there is no question of duplication involved because only the balance amount was deposited in First Appeal No.18/2021.

5. By accepting Mr Kurtikar's statement, Registry is directed to permit the applicant to withdraw the amount along with the interest accrued thereon in First Appeal No.102/2016 and Misc. Civil Application No.463/2017 taken out therein.

6. The applicant will have to furnish their identity and bank details so that Registry can transfer the amount directly to their bank account. Registry to complete this exercise expeditiously.

7. Misc. Civil Application No.36/2023 is disposed of. M. S. SONAK, J.

K HALDANKAR Date: 2023.07.28 17:00:33 +05'30'

NITI K HALDANKAR 28th July, 2023