Reliance General Insurance Company Limited v. Hunkar Sakharam Mohite And ORS.

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.448 OF 2021 IN FIRST APPEAL NO.85 OF 2021 Reliance General Insurance Company Ltd.] Applicant Vs.

Hunkar Bakharam Mohite and others ] Respondents .....

Mr. Pandit Kasar, for Applicant.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 15th MARCH, 2021.

P.C.

1.

This is an application seeking stay to the execution, operation and implementation of the Judgment and Award dated 11th March, 2020 passed by the learned Member, M.A.C.T., Thane in M.A.C.P No.633 of 2015.

2.

Heard Mr. Kasar, learned Counsel for the applicant. 3.

Learned Counsel, on instructions, makes a statement that the applicant will deposit entire amount of compensation with accrued interest in M.A.C.T, Thane within four weeks from today. Statement is accepted.

Shailaja S.

Halkude Halkude Date: 2021.03.17 11:55:03 +0530

4.

In view of the statement made by the learned Counsel for the applicant, there shall be ad-interim relief in terms of prayer clause (a), subject to deposit of the amount as above. 5.

After depositing the amount, the applicant shall inform respondents-claimants about the factum of deposit within two weeks from today.

6.

If the applicant fails to deposit the entire amount of compensation with accrued interest within four weeks from today, ad-interim relief shall stand vacated automatically, without further reference to the Court.

7.

Respondents-claimants are at liberty to withdraw 50% of the amount of compensation with accrued interest that would be deposited by the applicant before the concerned M.A.C.T upon furnishing an undertaking at the time of withdrawing the amount of compensation that if the applicant succeeds in the appeal, they will return the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

8.

If respondents-claimants do not file an undertaking at the time of withdrawing the amount, the amount that would be deposited by the applicant shall be invested by the M.A.C.T in the fixed deposit of a Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

9.

If 50% amount is withdrawn by the respondents-claimants, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

10. The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]