Bajaj Allianz General Insurance Company Limited v. Mrs.Maya Dattu Kale And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1784 OF 2018 IN FIRST APPEAL (STAMP) NO.14965 OF 2017 Bajaj Allianz General Insurance Co. Ltd., Prabhadevi, Mumbai.

.... Applicant V/s.

Maya Dattu Kale & Ors.

.... Respondents Mr. Devendranath S. Joshi for the Applicant.

None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 12 TH JUNE, 2018.

P.C. :

1.

Heard Mr. Joshi, learned counsel for the Applicant. 2.

Learned counsel for the Applicant submits that, the execution proceedings are initiated and attachment warrant is also issued. The First Appeal was dismissed for non-payment of requisite Court Fee Stamps. Now the Applicant-Appellant has received the challan and the amount of deficit Court Fee Stamps is paid.

3.

Hence, First Appeal (Stamp) No.14965 of 2017, along with Civil Application (Stamp) No.14967 of 2017, is restored to its original file, subject to production of challan before the Registrar (Judicial-I). 1/2 CAF-1784-18.doc

4.

In view of the fact that the attachment warrant is already issued, the stay is granted to the execution of the Judgment and Award, subject to payment of entire compensation amount under the Award in this Court within a period of four weeks from today, failing which the stay would, automatically, stand vacated, without any further reference to the Court.

5.

If the entire compensation amount under the Award is deposited within the stipulated time, place the First Appeal (Stamp) No.14965 of 2017, along with Civil Application (Stamp) No.14967 of 2017, for admission as per C.M.I.S. date.

6.

Civil Application is disposed of in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-1784-18.doc