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Bombay High CourtIA/245/2023disposed off

Icici Lombard General Insurance Company Limited v. Digambar Gopinath Satavalekar And ORS.

2023-01-11Hon'Ble Shri Justice Amit Borkar2 pages

24-fast-781-2023.doc SAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL STAMP NO.781 OF 2023 ICICI Lombard General Insurance Company Limited ... Appellant V/s.

Digambar Gopinath Satavalekar and Ors ... Respondents WITH INTERIM APPLICATION NO.245 OF 2023 ICICI Lombard General Insurance Company Limited ... Applicant V/s.

Digambar Gopinath Satavalekar and Ors ... Respondents WITH INTERIM APPLICATION NO.246 OF 2023 ICICI Lombard General Insurance Company Limited ... Applicant V/s.

Digambar Gopinath Satavalekar and Ors ... Respondents Ms. Varsha Chawan for the Appellant.

Mr. Nitin Deshpande for the Respondent Nos.1 to 4. CORAM :AMIT BORKAR, J.

DATED :JANUARY 11, 2023 P.C.:

INTERIM APPLICATION NO.

OF 2023 1.

Insurance company has filed Application seeking condonation of 54 days'

delay in filing the Appeal.

24-fast-781-2023.doc 2.

For the reasons stated therein, the interim application is allowed.

3.

Delay for filing the Appeal is condoned.

FIRST APPEAL STAMP NO.781 OF 2023 4.

Issue notice to the respondents.

5.

Learned Advocate for the Appellant waives notices to the respondent nos.1 to 4.

6.

List the Appeal for admission on 1st February, 2023 INTERIM APPLICATION NO.

OF 2023 7.

The Application is for stay of judgment and award. The Insurance Company is deposited entire decree amount along with interest before the Motor Accident Claims Tribunal, Pune. 8.

In that view of the matter, till 1st February, 2023, there shall be ad-interim relief in terms of prayer clause (b) subject to condition that the Applicant shall deposit entire decree amount along with interest with the Tribunal till 1st February, 2023. 9.

Service of the notice on the respondent no.5 is restricted. (AMIT BORKAR, J.)