The Oriental Insurance Co. Ltd. v. Kalyan Uttam Ohol And ORS.

(908) CAF 3061-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3061 OF 2014 IN FIRST APPEAL NO. 1098 OF 2014 The Oriental Insurance Co. Ltd.

.. Appellant/Applicant Vs.

Kalyan Uttam Ohol & Ors.

.. Respondents Mr. Devendranath S. Joshi for the Appellant/Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 6 th OCTOBER, 2016.

P. C. :

1.

Heard learned counsel for the applicant.

2.

This is an application seeking stay to the execution of the impugned Judgment and Award dated 10.01.2014 passed by the M.A.C.T., Solapur in M.A.C.P. No. 268 of 2008.

3.

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.

4.

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., Solapur in M.A.C.P. No. 268 of 2008.

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(908) CAF 3061-14 5.

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. The amount of Rs.25,000/- along with interest, which is deposited in this Court at the time of filing of the appeal, is directed to be transferred to the Tribunal and the Tribunal is directed to invest the same in any nationalized bank.

6.

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. 7.

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