The Oriental Insurance Co.Ltd. Through Mumbai Regional Office-2 v. Smt. Ranjana Subhash Shinde And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3565 OF 2016 IN FIRST APPEAL NO.1286 OF 2016 The Oriental Insurance Co. Ltd., Fort, Mumbai.

.... Applicant

Versus

Ranjana Subhash Shinde & Ors.

.... Respondents Mr. S.S. Jinsiwale for the Applicant.

None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 20 TH AUGUST 2016.

P.C. :

1.

This Civil Application is preferred by the applicant-appellant-original respondent No.2-Insurance Company seeking stay to the operation, execution and implementation of the Judgment and Award dated 3rd November 2015 passed by the M.A.C.T., Mumbai in M.A.C.P. No.3227 of 2009.

2.

Learned counsel for applicant - Insurance Company submits that the applicant - Insurance Company undertakes to deposit the entire amount of the Award, as directed by the Trial Court, within a period of six weeks from the date of this order. This statement made by learned 1/2 CAF-3565-16==.doc

counsel for the applicant - Insurance Company is accepted as an undertaking given to the Court.

3.

In view thereof, the Civil Application is allowed in terms of prayer clause (b), subject to condition that the applicant - Insurance Company deposits the entire amount, as directed by the Trial Court, within a period of six weeks from the date of this order.

4.

On applicant - Insurance Company depositing the said amount with the M.A.C.T.,, Mumbai, the same be invested in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till the disposal of the First Appeal.

5.

On failure of the applicant - Insurance Company to deposit the said amount within the stipulated period of six weeks, the stay will automatically stand vacated, without further reference to this Court. 6.

The amount of Rs.25,000/-, which is deposited at the time of filing of the First Appeal, is directed to be transferred to the M.A.C.T., Mumbai in M.A.C.P. No.3227 of 2009.

7.

Civil Application is disposed of in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-3565-16==.doc