Single judge order admitting first appeal and two civil applications. Court allows claimants to withdraw half of deposited compensation under an undertaking pending appeal outcome.
Appellant admitted; civil applications allowed; claimants permitted to withdraw 50% of deposited compensation on undertaking.
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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9099961 4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.996 OF 2014 WITH CIVIL APPLICATION NO.2579 OF 2014 WITH CIVIL APPLICATION NO.4180 OF 2018
The New India Assurance Co. Ltd.
vs
Jagdish Jaywant Bhaushali and ors.
Office notes, Office Memoranda of
Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Shri S. M. Dange, Advocate for appellant.
Shri Akshay Kulkarni, Advocate i/b Manoj Patil, Advocate for respondent Nos.1 and 2.
Ms Trupti A. Bharadi, Advocate for respondent No.4.
CORAM : A.S.CHANDURKAR, J. DATE : December 20, 2018
Heard.
Admit.
Call for record and proceedings.
Respective counsel waive notice for the respondents.
Civil Application No.2579 OF 2014
Heard the learned counsel and perused the impugned judgment.
As the entire amount of compensation as awarded by the Claims Tribunal has been deposited, the execution of the impugned award shall remain stayed during pendency of appeal.
Civil Application is allowed and disposed of.
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9099961 4
Civil Application No.4180 OF 2018
Heard the learned counsel and perused the impugned judgment.
Considering the nature of evidence on record the claimants are permitted to withdraw 50% of the amount of compensation as deposited on furnishing undertaking within period of eight weeks from today that in case the appeal is allowed, the same shall be refunded with interest at such rate the Court may direct. Remaining amount shall be invested in Fixed Deposit.
Civil Application is allowed and disposed of.
(A.S.CHANDURKAR, J.)
Asmita
The New India Assurance Co. Ltd.
Jagdish Jaywant Bhaushali
others
claimants
A.S.CHANDURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
