New India Assurance Co. Ltd. v. Shri. Suresh Dattatray Kadam And ORS.

9 fa 465-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2666 of 2014 IN FIRST APPEAL NO. 465 of 2016 WITH FIRST APPEAL NO. 465 of 2016 New India Assurance Co. Ltd ..Applicant/Appellant v/s.

Suresh D. Kadam & Ors.

..Respondents Mrs. Poonam Mittal for the Applicant Ms.Rina Kundu for the Respondent Nos.1 and 2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 27th SEPTEMBER, 2019.

P.C.

1. By this application the applicant-Insurance Company has sought to stay the execution and implementation of the impugned judgment and award dated 17.09.2013 passed by the MACT, Kalyan in MACP No.163 of 2002. The learned Counsel for the applicant states that entire amount along with interest has been deposited before the Tribunal. The said statement is not controverted by the learned Counsel for the respondent-original claimants. pps

9 fa 465-16.doc

2. In the light of the said statement, execution of judgment and award dated 17.09.2013 passed by the MACT Kalyan om MACP 163 of 2002 is stayed till the disposal of the appeal. FIRST APPEAL NO. 465 OF 2016 1.

Having heard the learned Counsel for the respective parties, in my considered view, arguable points are raised. Hence admit. 2.

The learned Counsel for the respondent waives service. The appellant to file private paper book within one year from today with copy to the other side.

3. Printing dispensed with.

4. Registry to call for the record and proceedings. (ANUJA PRABHUDESSAI, J.) pps