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Bombay High CourtCAF/1092/2016disposed off

Bajaj Allianz General Insurance Company Limited v. Smt. Shobha Sharad Bansode And ORS.

2016-08-26Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

(3) CAF 1092-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 1092 OF 2016 IN FIRST APPEAL (STAMP) NO. 6242 OF 2015 Bajaj Alliance General Insurance Co. Ltd.

.. Appellant/Applicant Vs.

Smt. Shobha Sharad Bansode & Ors.

.. Respondents Ms. Yogita Deshmukh for the Appellant/Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th AUGUST, 2016.

P. C. :

1.

Heard learned counsel for the applicant.

2.

This is an application seeking stay to the execution, implementation and operation of the impugned Judgment and Award dated 01.04.2014 passed by the M.A.C.T., Pune in M.A.C.P. No. 320 of 2010. Learned counsel for the applicant submits that the applicant will be depositing the entire amount under the Award, as passed by the Trial Court, within a period of six weeks from today. The statement is accepted. 3.

The Civil Application is allowed. The stay is granted to the execution of the impugned Judgment and Award, subject to the applicant depositing the entire amount of compensation, as awarded by the Tribunal, within a period of six weeks from today in the M.A.C.T., Pune in M.A.C.P. No. 320 of 2010.

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(3) CAF 1092-16 4.

On applicant depositing the aforesaid amount in the Tribunal, the Tribunal is directed to invest the same in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal.

5.

On failure of the applicant to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 6.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2