Jayesh Nagindas Tailor And ORS. v. Siddiqui Saeed Ahmed And ORS.

S.S.Kilaje 29-FA-463-21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 463 OF 2021 Siddiqui Saeed Ahmed ... Appellant

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Jayesh Nagindas Tailor and Ors.

... Respondents WITH INTERIM APPLICATION NO. 9877 OF 2024 IN FIRST APPEAL NO. 463 OF 2021 Jayesh Nagindas Tailor and Ors.

... Applicants In the matter of Siddiqui Saeed Ahmed ... Appellant

Versus

Jayesh Nagindas Tailor and Ors.

... Respondents WITH INTERIM APPLICATION NO. 2236 OF 2021 IN FIRST APPEAL NO. 463 OF 2021 Siddiqui Saeed Ahmed ... Applicant

Versus

Jayesh Nagindas Tailor and Ors.

... Respondents Ms. Sandhya Nanavare, Advocate for the Appellant. Ms. Rina Kundu, Advocate for Respondent No.1.

CORAM

: ARUN R. PEDNEKER, J.

DATED : 1st JULY, 2024.

P.C. :

1.

Heard learned counsel for the appellant.

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S.S.Kilaje 29-FA-463-21.doc 2.

Learned counsel for the appellant submits that at the time of accident, the vehicle was transferred to the third party. However, on perusal fo the Judgment of the Tribunal, it appears that on the date of accident the vehicle was standing in the name of the appellant. However, the possession was with opposite party No.2 and was being driven by opposite party No.3. The Tribunal has held all the three claimants responsible. 50% amount as directed by this Court has been deposited before the Tribunal.

3.

The amount deposited is permitted to be withdrawn by the claimant, subject to filing of usual undertaking to the satisfaction of the Presiding Officer of the Tribunal.

4.

Accordingly, Interim Application No. 9877 of 2024 is disposed of. 5.

Stay confirmed only against the appellant.

6.

Interim Application no. 2236 of 2021 is disposed of. 7.

The First Appeal is admitted.

8.

Call R & P.

( ARUN R. PEDNEKER, J.) by SONALI SATISH KILAJE Date:

2024.07.04 17:54:15 +0700 SONALI SATISH KILAJE 2/2