The High Court allowed an application by the applicant to withdraw the deposited award amount and interest, as the Insurance Company was held liable and did not challenge the order allowing the appeal.
Permitted to withdraw the deposited amount of Rs.28,71,000/- alongwith interest.
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.
47-IA-13445-23 IN FA-1175-10.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.13445 OF 2023 IN
FIRST APPEAL NO.1175 OF 2010
Vijay Arvind Pore ….Applicant V/s. Rupali Ramdas Deshmukh & Ors. ….Respondents
Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2023.12.16 13:53:49 +0530
Mr.Priyal G. Sarda, for the Applicant.
Mr.Amay Pawar i/b Mr.P.J. Pawar, for Respondent Nos.1,2 and 4. Ms.Jaya Shukla i/b Ms.Jyoti Bajpayee, for the Respondent No.5.
CORAM : SHIVKUMAR DIGE, J.
DATE : 14th DECEMBER 2023
P.C:-
. Heard learned counsel for the Applicant and learned
counsel for Respondent Nos.1,2 and 4 and learned counsel for Respondent No.5.
N.S. Kamble page 1 of 2
47-IA-13445-23 IN FA-1175-10.doc
has not challenged the said Order as the Appeal was filed by the Appellant-Owner of the insured vehicle. While filing the Appeal before this Court the Applicant has deposited entire award amount of Rs.28,71,000/- before the Tribunal. As this Court has fixed liability on Respondent No.5 in Appeal and allowed the Appeal of Applicant. The Applicant be permitted to withdraw deposited amount alongwith interest.
(SHIVKUMAR DIGE, J.)
N.S. Kamble page 2 of 2
Vijay Arvind Pore
Rupali Ramdas Deshmukh & Ors.
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
