Bajaj Allianz General Insurance Co. Ltd. v. Smt. Shyama Bhagwatiprasad Dubey And ORS.

(916) CAF 1317-17.doc Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1317 OF 2017 IN FIRST APPEAL NO. 378 OF 2017 Bajaj Allianz General Insurance Co. Ltd.

.. Applicant-Appellant Vs.

Shyama Bhagwatiprasad Dubey & Ors.

.. Respondents Mr. D. S. Joshi for the Applicant-Appellant.

Mr. Avinash M. Gokhale for the Respondents .

CORAM : K. K. SONAWANE, J.

DATE : 2 nd AUGUST, 2018.

P. C. :

1.

Heard learned Counsel for applicant-Insurance Company and learned Counsel for respondents-original claimants. 2.

This Court under order dated 06.06.2017 granted ad interim stay to the execution of the impugned Judgment and Award passed by the M.A.C.T., Thane in M.A.C.P. No. 892 of 2007. Thereafter, the stay was continued until 05.07.2017. Learned Counsel for respondents-original claimants ventilated the grievances that the appellant-Insurance Company taking undue advantage of the present appeal did not deposit the compensation amount before the learned Trial Court nor in the present appeal. The ad-interim stay granted by this Court came to be continued time and again in the present proceeding.

3.

In view of attending circumstances on the record, last opportunity is 1/2

(916) CAF 1317-17.doc granted to the appellant-Insurance Company to deposit the entire decretal amount with accrued interest thereon in this Court within a period of three weeks, failure to which, the ad-interim stay granted by this Court stands vacated automatically without further reference to this Court and the respondents-claimants are at liberty to execute the Award for recovery of amount as per law 4.

Accordingly, the Civil Application stands disposed of. by Arjun Machhindra Kadam Date:

2018.08.06 18:11:21 +0530 [K. K. SONAWANE, J.] Arjun Machhindra Kadam 2/2