Shriram General Insurance Company Ltd., Chennai v. Kishor Kumar Karniram Hudda And ORS.

Chitra Sonawane 24(3)-stay.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.482 OF 2021 IN FIRST APPEAL [STAMP] NO.2273 OF 2021 Shriram General Insurance Co.Ltd.

]...Applicant/Appellant.

Vs.

Kishor Kumar K. Hudda & Ors.

]...Respondents.

....

Mr.Pandit Kasar, for appellant.

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 3RD MARCH, 2021.

P.C. :

1.

Heard Mr.Pandit Kasar, the learned Counsel for the applicant. 2.

By this application, the applicant/insurer has prayed for staying the execution and implementation of the impugned judgment and award dated 12th November 2019, passed by the M.A.C.T., Dadra & Nagar Haveli at Silvasa, in M.A.C.P. No.15 of 2016. Learned Member by said award, granted compensation of Rs.28,50,000/- with interest @ 7.5% p.a.

3.

The learned Counsel for the applicant/insurer undertakes to deposit the entire amount of compensation with accrued interest, with M.A.C.T., Dadra & Nagar Haveli at Silvasa, within 6 weeks. Statement is accepted. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a) of the application. 1 / 2

Chitra Sonawane 24(3)-stay.doc 4.

If the appellant fails to deposit the amount as above, ad-interim relief shall stand vacated without further reference to the Court. 5.

After depositing the amount under award, the claimant is at liberty to withdraw 50% of the amount with accrued interest. 6.

At the time of withdrawal, the claimant shall give an Undertaking that in case, the appeal succeeds, he will refund the amount with interest, depending upon the outcome of the appeal. 7.

The application stands disposed of.

(PRITHVIRAJ K.CHAVAN,J.) 2 / 2