The New India Assurance Co. Ltd. Through Centralized Motor Tp Claims Hub v. Smt. Sejal Bhalchandra Pokharkar And ORS.

vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3500 OF 2016 IN FIRST APPEAL (ST) NO.14796 OF 2016 New India Assurance Co.Ltd.

.... Applicant.

V/s.

Sejal B. Pokharkar and ors .... Respondents Mr. Devendranath S. Joshi, for the Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 13TH OCTOBER, 2016.

P.C. :

1.

Not on board. Taken on today's board.

2.

This application is for seeking stay to the execution and implementation of the award dated 14.09.2015, passed by Motor Accident Claims Tribunal, Mumbi, in M.A.C.P. No.1782 of 2009. 3.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decreetal amount in the Tribunal, within six weeks from the date of this order. Statement is accepted as undertaking.

3.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (a) subject to 1/2 p6 CAF 3500 OF 2016.doc

condition that the applicant deposits the entire amount within a period of six weeks, in the Tribunal, from today.

4.

On applicant's depositing amount in the Tribunal, the Tribunal to invest the said amount in any nationalized bank, initially for a period of two years and thereafter to be renewed from time to time till disposal of the appeal. On applicant's failure to deposit the entire amount within the stipulated period, the stay granted shall stand vacated automatically and the application shall stand dismissed without further reference to this Court.

5.

Application is disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 p6 CAF 3500 OF 2016.doc