Single judge order disposing of two civil applications: one granting a stay on execution pending proceedings after compensation deposit, and another permitting withdrawal of partial claim under specific conditions.
Stay of execution for CA515/2018; Partial withdrawal of Rs.50,000 for CA2512/2018
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.
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508.caf.514.2018.fast.35224.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 514 OF 2018 WITH CIVIL APPLICATION NO. 515 OF 2018 IN FIRST APPEAL (ST.) NO. 35224 OF 2017
National Insurance Company Ltd. Vs.
Shri Shivaji Appasaheb Desai & Ors.
.. Applicant/Appellant
.. Respondents
WITH CIVIL APPLICATION NO. 2512 OF 2018 IN FIRST APPEAL (ST.) NO. 35224 OF 2017
Mr.Nikhil Mehta, Advocate i/b KMC Legal Venture for applicant/appellant.
Mr.Sudhakar Ganpatrao Thorat, Advocate for respondent No.1.
CORAM : A.S. CHANDURKAR, J. DATE : 19TH DECEMBER 2018
P.C.
Not on board. Taken up on production.
CIVIL APPLICATION NO. 515 OF 2018 (FOR STAY)
1 As the entire amount of compensation has been deposited, the
execution shall remain stayed during pendency of the proceedings.
The civil application is disposed of.
CIVIL APPLICATION NO. 2512 OF 2018 (FOR WITHDRAWAL)
2 Heard the learned counsel and perused the contents of the application. In the facts of the case, the claimants are permitted to
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Shraddha Talekar PS
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508.caf.514.2018.fast.35224.2017.doc
withdraw Rs.50,000/- subject to filing undertaking within eight weeks from today stating therein that in case the appeal is allowed the amount withdrawn shall be re-deposited with interest at such rate the Court may direct. The balance amount shall remain invested in fixed deposit. The civil application is disposed of.
(A.S. CHANDURKAR, J.)
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Shraddha Talekar PS
National Insurance Company Ltd.
A.S. CHANDURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
