This high court civil application allowed the withdrawal of 50% of compensation deposited by an insurance company, permitting reinvestment of the balance subject to redeposit if adverse orders occur.
Applicants permitted to withdraw 50% of compensation with interest; balance to be invested and redeposited if appeal fails.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
109 WM.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
109 CIVIL APPLICATION NO. 15215 OF 2017
IN FAST/28268/2017
GANGA DHARMA @ DHARMRAJ KARADKAR AND ORS
VERSUS
RAMESH ASHRUBA HADULE AND ORS
...
Advocate for Applicants : Mr. Mayure Pramod C.
Advocate for Respondent No. 3 : Mr. A. S. Usmanpurkar.
CORAM: K. L. WADANE, J.
ORDER:
1. This is an application for withdrawal of amount
of compensation deposited by the insurance company.
2. Heard both sides.
3. The appeal is mainly on the ground of quantum
and involvement of the vehicle. In view of the above,
at present, the Award is in favour of the applicants,
therefore, considering the grounds stated in the
appeal-memo, at this stage applicants can be permitted
to withdraw 50% amount of compensation.
4. Application for withdrawal of amount is allowed.
5. Applicants are permitted to withdraw 50% amount
of compensation together with accrued interest thereon
1/2
109 WM.odt
on condition that if any adverse orders are passed in
appeal, they shall redeposit the amount in this Court
within a period of 12 weeks.
6. Balance 50% amount shall be invested in any
Nationalized Bank initially for a period of two years
and thereafter shall be renewed from time to time as
per orders of this Court.
7. Civil Application is disposed of.
mkd
2/2
GANGA DHARMA @ DHARMRAJ KARADKAR AND ORS
RAMESH ASHRUBA HADULE AND ORS
K. L. WADANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court