The Divisional Manager, The New India Assurance Co. Ltd., Satara v. Ismail Amir Attar And ORS.

13-ia-456-2021 fa-88-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 456 OF 2021 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2021.12.04 18:52:06 +0530 (For Stay) SHRADDHA KAMLESH TALEKAR IN FIRST APPEAL NO. 88 OF 2021 The Divisional Manager, The New India Assurance Co. Ltd.

...Applicant vs.

1. Shri Ismail Amir Attar & 6 Ors.

...Respondents

Mr.Milind V. More for applicant.

CORAM :

N. J. JAMADAR, J.

DATE :

4th DECEMBER, 2021 P.C.:

1.

Heard the learned counsel for the appellant/applicant. 2.

The learned counsel for the applicant/appellant submits that in terms of the impugned award dated 21st December 2019, in MACP No. 28 of 2018, the applicant/appellant had deposited the entire amount of compensation alongwith the interest accrued thereon before the Tribunal, on 30th October 2021. 3.

In view of the aforesaid statement, there shall be stay to the execution, operation and implementation of the impugned award dated 21st December 2019 in MACP No.28 of 2018, till the fnal disposal of this appeal.

Shraddha Talekar, PS 1/2

13-ia-456-2021 fa-88-2021.doc 4.

The Tribunal shall permit the respondents/the original claimants to withdraw 30% of the amount of compensation, falling to their respective shares, alongwith the interest accrued thereon, upon furnishing an undertaking to bring back the said amount alongwith interest at such rate as may be decided by this Court in the event the appeal is allowed and it is held that the respondents/original claimants are not entitled to the compensation.

5.

The interim application stands disposed of.

(N. J. JAMADAR, J.) Shraddha Talekar, PS 2/2