The New India Assurance Company Limited v. Mrs. Jyoti Gurunath Pashte And ORS.

(18) CAF 2087-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 2087 OF 2016 IN FIRST APPEAL (STAMP) NO. 6982 OF 2016 The New India Assurance Co. Ltd.

.. Appellant/Applicant Vs.

Mrs. Jyoti Gurunath Pashte & Ors.

.. Respondents Mr. D. R. Mahadik for the Appellant/Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th SEPTEMBER, 2016.

P. C. :

1.

Heard learned counsel for the applicant.

2.

This is an application seeking seeking stay to the execution of the Judgment and Award dated 10.03.2015 passed by the M.A.C.T., Thane in M.A.C.P. No. 76 of 2010.

3.

Learned counsel for the applicant undertakes to deposit the entire amount under the Award, as passed by the Trial Court, within a period of six weeks from today. The statement is accepted as the undertaking.

4.

The Civil Application is allowed. The stay is granted to the execution of the impugned Judgment and Award, subject to the applicant 1/2

(18) CAF 2087-16 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., Thane in M.A.C.P. No. 76 of 2010.

5.

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.

6.

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. 7.

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