Bajaj Allianz General Insurance Co. Ltd. v. Remi Biman Mondal And ORS.

21.fa.599.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9782 OF 2022 IN FIRST APPEAL NO. 599 OF 2022 Bajaj Alianz General Insurance Co. Ltd.

..Applicant/Appellant v/s.

Remi Biman Mondal & Ors.

..Respondents Mr. Tushar Bendale for the Applicant.

Mr. Nazfa Shaikh i/b Rohit S. Gangawane for the Respondent Nos. 1 to 3 and 5.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 22th JUNE, 2022.

P.C.

1.

By this Application the Applicant has sought stay of execution and implementation of the impugned Judgment in MACT No. 53 of 2017. Learned Counsel for the Applicant states that the entire amount has been deposited before the Claims Tribunal. In the light of the said statement, execution and implementation is stayed.

2.

Application stands disposed of.

3.

The amount which is deposited by the Appellant-claimant Rs. 2,00,000/- each be paid to Respondent Nos. 4 and 5 and Rs. 4,00,000/- be paid to Respondent No. 1 subject to an undertaking that the amount will be refunded with interest in the event Appellant succeeds in that Amol P Jadhav

21.fa.599.2022.doc behalf and not inclined to award withdrawal on behalf of minors. The balance amount deposited by the Appellant be invested in any nationalised bank until further orders.

(ANUJA PRABHUDESSAI, J.) Amol P Jadhav