Reliance General Insurance Company Limited Through Its Corporate Office v. Smt. Roshani Amol Patil And ORS.

527-caf2039-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2039 OF 2019 IN FIRST APPEAL (STAMP) NO.8000 OF 2019 Reliance General Insurance Co. Ltd.

...Applicant V/s.

Smt.Roshani A. Patil & Ors.

...Respondents

Mr.Rahul Mehta i/b M/s.KMC Legal Venture for the Applicant. Mr.Yogesh Pande for the Respondent Nos.1 to 3. CORAM : R.D. DHANUKA, J.

DATE : 11TH FEBRUARY, 2020.

P.C. :- 1.

The papers are allowed to be produced at 3.00 p.m. 2.

Mr.Mehta, learned counsel appearing for the applicant states that the applicant would deposit the entire amount which is awarded by the MACT, Khed by a judgment and award dated 14th February, 2018 pass in MACP No.109 of 2015 to be computed with interest upto the date of deposit within four weeks from today. The undertaking is accepted. It is made clear that no further extension of time would be granted. The applicant is directed to convey the factum of deposit to the respondent nos.1 to 3 through their advocate within two weeks from the date of deposit of such amount. 3.

The respondent nos.1 to 3 would be at liberty to withdraw 1/2

527-caf2039-19.doc at this stage 50% of the amount that would be deposited by the applicant before the concerned MACT upon furnishing an undertaking before the concerned MACT to the effect that if they fail in this First Appeal, they will return the amount with interest at such rate as may be directed by this Court at the time of disposal of the First Appeal. If the undertaking is not furnished within four weeks from the date of receipt of communication of factum of deposit, the order permitting them to withdraw 50% of the amount to stand vacated without further reference to the Court. Balance 50% amount shall be invested in the fixed deposit of a nationalized bank initially for a period of one year and thereafter for like period depending upon the pendency of this Court. If the amount is not deposited by the applicant within the time prescribed, the stay granted by this Court to stand vacated without further reference to the Court. 4.

The civil application is made absolute in terms of prayer clause (a) subject to aforesaid condition.

5.

Parties as well as the Tribunal to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2