National Insurance Co. Ltd. v. Mr. Kanhayyalal Sunderlal Valani And ANR.

(P4) CAF 3470-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3470 OF 2016 IN FIRST APPEAL NO. 1247 OF 2016 National Insurance Co. Ltd.

.. Appellant/Applicant Vs.

Mr. Kanhayyalal Sunderlal Valani & Anr.

.. Respondents Mr. Amol Gatne for the Appellant/Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 6 th SEPTEMBER, 2016.

P. C. :

1.

Not on board. Mentioned. Taken on board.

2.

This application is preferred by the appellant-Insurance Company seeking stay to the execution of the Judgment and Award dated 15.10.2015 passed by the M.A.C.T., Mumbai in M. A. C.P. No.1769 of 2011.

3.

It is submitted by the learned counsel for the applicant that the applicant is ready to deposit the entire amount of the compensation within six weeks from the date of this order. The statement is accepted. 4.

The Civil Application is allowed. The stay is granted to the execution of the impugned Judgment and Award, subject to condition of the applicant depositing the entire amount of compensation, as awarded by the Tribunal, within a period of six weeks from the date of this order in 1/2

(P4) CAF 3470-16 M.A.C.T., Mumbai in M.A.C.P. No. 1769 of 2011. 5.

On the applicant depositing the aforesaid amount in the Tribunal, The Tribunal is directed to invest the same in any nationalized bank, initially for the period of one year, to be renewed from time to time, till the 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 this Court. Amount of Rs.25,000/- be also transferred to the concerned department. 7.

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