Reliance General Insurance Company Limited v. Kamini Umesh Shetty Alias Miss. Kamini Anant Ghadge And ANR.

3-IA709-21INFA643-21-STAY.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 709 OF 2021 IN FIRST APPEAL NO. 643 OF 2021 Reliance General Insurance Co. Ltd.

...Applicant/ Appellant

Versus

Kamini Umesh Shetty alias Miss Kamini Anant Ghadge & anr

...Respondents

Mr. Pandit Kasar, for the Applicant/Appellant.

CORAM:

N. J. JAMADAR, J.

DATED :

22nd DECEMBER, 2021 PC:- 1.

In the order dated 17th November, 2021, "Clause 5 - The application stands disposed of." be deleted, as the application was not decided finally on that date.

2.

Heard Mr. Kasar, the learned Counsel for the applicant/ appellant.

3.

Mr. Kasar, the learned Counsel for the applicant, on instructions, submits that the applicant - appellant has deposited the entire amount of compensation along with interest accrued thereon in terms of Award in MACP No.837/2014, dated 7th December, 2019, passed by the learned Member, MACT, Thane.

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3-IA709-21INFA643-21-STAY.DOC 4.

In view of the aforesaid statement, there shall be stay to the execution, operation and implementation of the Award in MACP No.837/2014, dated 7th December, 2019, passed by the learned Member, MACT, Thane, till final disposal of the appeal. 5.

The Tribunal is requested to permit respondent no.1 - original claimant to withdraw 50% of the amount of the compensation along with interest accrued thereon, upon furnishing an undertaking to bring back the said amount along with interest at such rate as may be awarded by this Court, in the event the appeal is allowed and it is held that the applicant is not entitled to compensation.

6.

The application stands disposed of.

[N. J. JAMADAR, J.] 2/2