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Bombay High CourtCAF/1158/2016disposed off

Hdfc Ergo General Insurance Co. Ld. v. Smt. Pallavi Vinayak Patil (Nangre) And ORS.

2016-10-06Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

(P-1) CAF 1158-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 1158 OF 2016 IN FIRST APPEAL NO. 493 OF 2016 HDFC Ergo General Insurance Co. Ltd.

.. Applicant/Appellant Vs.

Smt. Pallavi Vinayak Patil (Nangre) & Ors.

.. Respondents Mr. Manoj Badgujar i/b A. P. Kulkarni for the Applicant/Appellant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 6 th OCTOBER, 2016.

P. C. :

1.

Not on board. Mentioned. Taken on board.

2.

Heard learned counsel for the applicant.

3.

This is an application seeking stay to the execution of the impugned Judgment and Award dated 01.01.2015 passed by the M.A.C.T., Islampur in M.A.C.P. No. 125 of 2011.

4.

Learned counsel for the applicant submits that the applicant is ready to deposit the entire amount of the Award, as passed by the Tribunal, within a period of six weeks from today. The statement is accepted.

5.

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

(P-1) CAF 1158-16 in M.A.C.P. No. 125 of 2011.

6.

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.

7.

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. 8.

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