Divisional Manager, The New India Assurance Co. Ltd. Mumbai v. Abhay Vinodchand Shaha And ANR.

Shubhada S Kadam 34-fa-1003-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10701 OF 2024 (FOR WITHDRAWAL) with FIRST APPEAL NO. 1003 OF 2024 and INTERIM APPLICATION NO.9749 OF 2024 (FOR STAY) Abhay Vinodchand Shaha ... Applicant In the matter of Divisional Manager, The New India Assurance Co. Ltd., Mumbai.

... Appellant versus Abhay Vinodchand Shaha and anr.

.... Respondents Mr. Yogesh Pande, Advocate for Applicant/Respondent No.1. Ms. Jaya Shukla i/b. Ms. S. S. Dwivedi, Advocate for the Appellant. CORAM : ARUN R. PEDNEKER, J.

DATE : 22nd JULY, 2024.

P.C. :

1.

Interim Application No.10701 of 2024 is filed by the applicant for withdrawal of the amount.

2.

The learned counsel appearing for the Insurance Company objected for the withdrawal of the amount.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.07.24 10:43:54 +0530 SHUBHADA SHANKAR KADAM 3.

Having heard the learned counsel for the applicant and for the reasons stated in the application, the applicant is permitted to withdraw 50% of the amount as directed by the Tribunal along with accrued interest 1/2

Shubhada S Kadam 34-fa-1003-2024.doc thereon til date subject to filing of undertaking to the satisfaction of the Presiding Officer of the Tribunal. The interim application is allowed and disposed of.

4.

The First Appeal is admitted.

5.

Record and proceedings are called for.

6.

The stay to the impugned order granted earlier is confirmed till the final disposal of the appeal. The Interim Application No.9749 of 2024 stands disposed of.

(ARUN R. PEDNEKER, J.) 2/2