National Insurance Company Limited v. Smt. Shobha Krushna Bavlekar And ORS.

19 CAF 1950 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1950 OF 2016 IN FIRST APPEAL (ST) NO.3149 OF 2016 National Insurance Co. Ltd.

.... Applicant V/s.

Smt. Shobha Krushna Bavlekar and ors .... Respondents.

Mr. A. J. Gondwal I/by S.S. Dwivedi, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24TH OCTOBER, 2016.

P.C. :

1.

This application seeking stay to the execution of the impugned award dated 15.06.2015, passed by Accident Claims Tribunal, Pune, in MACP No.431 of 2011.

2.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decreetal amount in the Tribunal, within six weeks from the date of this order. Statement is accepted as undertaking.

3.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (a) subject to condition that the applicant deposits the entire amount within a period of 1/2

19 CAF 1950 OF 2016.doc six weeks, in the Tribunal, from today.

4.

On applicant's depositing amount in the Tribunal, the Tribunal to invest the said amount in any nationalized bank, initially for a period of one year and thereafter to be renewed from time to time till disposal of the appeal. On applicant's failure to deposit the entire amount within the stipulated period, the stay granted shall stand vacated automatically and the application shall stand dismissed without further reference to this Court.

5.

Application is disposed of accordingly.

[DR. SHALINI PHANSALKAR JOSHI, J.] 2/2