Bajaj Allianz Gen. Ins. Co. Ltd. v. Basawraj Baijanath Bhange And ORS.

9- Fa-376-2021-w- Iast-9612-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 376 OF 2021 WITH INTERIM APPLICATION (ST.) NO. 9612 OF 2021 Bajaj Allianz Gen. Ins. Co. Ltd.

...Appellant/ Applicant

Versus

Mr. Basawraj Baijanath Bhange & Ors.

...Respondent

Mr. Tushar Bendale a/w Ms. Garima Joshi i/by GNP Legal for the Org. Appellant.

Mr. C. M. Lokesh i/by Mr. Tejpal S. Ingale, for the Respondent Nos.1 & 2.

CORAM :

N. J. JAMADAR, J.

DATE :

15th DECEMBER, 2021.

P.C.:

INTERIM APPLICATION (ST.) NO. 9612 OF 2021 1.

Heard the learned counsel for the applicant.

2.

The appellant has already deposited the entire amount of compensation.

3.

By a separate order in Interim Application No.4042 of 2021, the claimant is permitted to withdraw a portion of the amount of compensation.

4.

Hence, there shall be ad-interim stay to the execution, operation and implementation of the award in MACP No.597 of 2016 dated 08th January, 2020, till final disposal of the appeal. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2021.12.15 20:21:02 +0530 Sajakali Jamadar ...1 SAJAKALI LIYAKAT JAMADAR

9- Fa-376-2021-w- Iast-9612-2021.doc 5.

Interim Application stands disposed of.

FIRST APPEAL NO. 376 OF 2021 1.

Heard.

2.

Admit.

3.

Issue notice to the respondents, returnable on 2nd February, 2022.

4.

Mr. Lokesh, the learned counsel, waives notice for respondent Nos. 1 & 2.

5.

In addition to notice through Court, the appellant is at liberty to serve rest of the respondents by private notice and file affidavit of service.

6.

Call record and proceeding.

7.

Printing of paper book is dispensed with.

8.

The appellant shall prepare and file private paper book within a period of one year from today.

9.

In the event of default, the appeal shall stand dismissed without further reference to the Court.

(N. J. JAMADAR, J.) Sajakali Jamadar ...2