Bajaj Allianz General Insurance Co. Ltd. v. Nivedita Rakesh Soni And ORS.

18.IA.16941.22 in FA.824,22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16941 OF 2022 IN FIRST APPEAL NO. 824 OF 2022 Bajaj Allianz General Insurance Co. Ltd.

...

Appellant (Orig. Insurer)

Versus

Nivedita Rakesh Soni & Ors.

... Respondents Mr. D.S. Joshi, Pradyuman Thakurdesai, Tejas Baviskar for the Appellant. Mr. Uday Mehta for Respondent Nos.1 to 4.

CORAM : R.I. CHAGLA, J.

DATED : 6th DECEMBER, 2022.

ORDER :

The Appellant has sought stay of the operation, implementation and execution of the impugned judgment and award dated 17.12.2021 passed by the M.A.C.T. Mumbai in M.A.C.P. No.2325 of 2016.

The learned Advocate appears for Respondent Nos.1 to 4. Issue notice to Respondent No.5, returnable on 16.01.2023. Waghmare 1/2

18.IA.16941.22 in FA.824,22.doc The learned Advocate for the Appellant states on instructions that the Appellant undertakes to deposit entire amount awarded with accrued interest within a period of six weeks from the date of this order. Statement is accepted.

In view of the statement, relief is granted in terms of prayer clause (a) of the Interim Application subject to deposit of the above amount. If the Appellant fails to deposit the entire amount within the period of six weeks, ad-interim relief shall stand vacated without further reference to the Court.

The Respondents are at liberty to apply to this Court for withdrawal of the deposited amount when deposited by the Appellant with the M.A.C.T.

Interim Application is accordingly disposed of. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.12.09 11:04:38 +0530 (R.I. CHAGLA, J.) WAISHALI SUSHIL WAGHMARE Waghmare 2/2