Yugalkishor @ Jugalkishor S/O Narayandas Rathi v. Prakash Bhanudas Kadam And 2 Others

fa1078.15.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.1336 OF 2024 IN FIRST APPEAL No.1078 OF 2015 (Yugalkishor @ Jugalkishor Narayandas Rathi Vs. Prakash Bhanudas Kadam and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. Sapna S. Jadhav, Advocate for applicant.

Mr. Sawan Alaspurkar, Advocate for respondent No.1. C ORAM : ANIL L. PANSARE, J.

D ATE : 6 th MAY, 2024.

1.

The applicant owner of offending vehicle is seeking time to deposit amount by cheque No.118702 for Rs.1,00,000/- which was issued by him to the claimant towards payment of compensation as agreed between the parties.

2.

As such cheque has been issued, however, the applicant has come with a case that his wife is suffering from cardiac ailment and advised to undergo Angiography. The doctor advised immediate treatment for which the applicant will have to withdraw the amount lying in his account. Therefore, the cheque issued to the claimant will not be honoured. The applicant undertakes to deposit amount within two months. The counsel for the claimant, however, submits that one month's time be granted. 3.

Considering the fact that the cheque has been issued towards settlement of dispute but for the difficulty

fa1078.15.odt 2/2 put forth by the applicant, the purpose will be served if the applicant is granted a month's time to make necessary arrangement in order to comply with the assurances given by him while settling the dispute.

4.

The application is accordingly allowed.

5.

One month's time is granted to arrange amount of Rs.1,00,000/-. The arrangement shall be made prior to 7th June, 2024.

6.

The claimant shall deposit the cheque in question on 7th June, 2024.

7.

The application is disposed of in the above terms.

(ANIL L. PANSARE, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 07/05/2024 11:04:04