The New India Assurance Co.Ltd. v. Shri. Vijay Devraj Jadav And ANR.

(59) CAF 2739-14 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2739 OF 2014 IN FIRST APPEAL (STAMP) NO. 10893 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D. R. Mahadik for the Applicant.

T. J. Mendon for Respondent No.1.

CORAM : K. K. TATED, J.

DATE : 3 rd APRIL, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

By this Civil Application, the Applicant-Insurance Company is seeking stay of the operation and implementation of the impugned Judgment and Award passed by the Motor Accident Claim Tribunal, Mumbai in Application No. 3308 of 2006.

3.

Learned Counsel for the Applicant submits that as per order dated 12.08.2014 passed by this Court, they have already deposited the entire awarded amount in the Tribunal. He submits that in the interest of justice this Hon'ble Court be pleased to continue ad-interim relief granted by this Court by order dated 12.08.2014.

4.

Considering the submission made by learned Counsel for the 1/2

(59) CAF 2739-14 Applicant and averments in the Civil Application, I am satisfied that the Applicant has made out case for following order: (i) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That pending the hearing and final disposal of the appeal, the operation of the Judgment and Order dated 19.01.2013 passed by Hon'ble Ms. C. M. Salunke, Member of Motor Accident Claims Tribunal, Mumbai in Application No. 3308 of 2006, be stayed."

(ii) The Tribunal is directed to invest the amount in a fixed deposit in any Nationalized Bank, initially for a period of one year and the same shall be renewed from time to time till further orders. (iii) Civil Application preferred by the Respondent-Claimant for withdrawal will be decided on its own merits. (iv) Civil Application stands disposed of accordingly. [K. K. TATED, J.] 2/2