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Bombay High CourtIA/2109/2022disposed off

Shridevi Vijay Tankale v. Tata Aig General Insurance Company Limited, Pune

2022-06-16Hon'Ble Smt. Justice Anuja Prabhudessai1 pages

25-iii-ia 2109-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2109 OF 2022 IN FIRST APPEAL (ST) NO.21567 OF 2021 Smt. Shridevi Vijay Tankale ..Applicant v/s.

Tata AIG General Insurance Co. Ltd., Pune ..Respondents Ms. Kavita Shinde h/f. Mr. Ashok Tajane for the Applicant. Mr. D.S.Joshi i/b. KMC Legal Venture for the Respondent No.1. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th JUNE, 2022.

P.C.

1.

Learned Counsel for the Applicant seeks leave to amend the prayer clause to rectify the typographical error in the prayer clause. Leave granted. Amendment to be carried out forthwith. 2.

By this application, the Applicant has sought withdrawal of the compensation deposited by the Appellant Insurance Company as per the Judgment and Award of the Claims Tribunal.

3.

Having considered the reasons stated in the application, and the grounds stated in the memo of appeal, the Applicant is permitted to withdraw 25% of the compensation, subject to filing an undertaking that he shall refund the amount with appropriate interest in the event the Appellant insurance company succeeds in the appeal. 4.

Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) Digitally signed by PRASANNA P SALGAONKAR Date:

2022.06.21 14:51:58 +0530 PRASANNA P SALGAONKAR P P SALGAONKAR