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Bombay High CourtCAF/4296/2018disposed off

Icici Lombard General Insurance Company Limited Through Its Auth.Rep. Mr. Sanjeev Tripathi v. Smt.Sujata Madhavrao Bansode And ORS.

2022-11-30Hon'Ble Shri Justice R. I. Chagla2 pages

7.CA.4296.18 in FAST.15707.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4296 OF 2018 IN FIRST APPEAL (ST.) NO. 15707 OF 2018 ICICI Lombard General Insurance Co. Ltd....

Appellant (Orig. Opp.

No.2)

Versus

Sujata Madhavrao Bansode & Ors.

... Respondents Mr. Rajesh Kanojia a/w Nitika Singh i/b Res Juris for the Appellant. None present for the Respondents.

CORAM : R.I. CHAGLA, J.

DATED : 30th NOVEMBER, 2022.

ORDER :

By this Civil Application the Appellant has sought stay on the execution, implementation and operation of judgment and award dated 09.10.2017 passed by the Member of M.A.C.T., Nasik in M.A.C.P. No.382 of 2010. The learned Counsel appearing for the Appellant states that the entire amount has been deposited with the M.A.C.T., Nasik and in view thereof the relief sought for be granted.

Waghmare 1/2

7.CA.4296.18 in FAST.15707.18.doc The learned Counsel appearing for the Appellant has tendered a receipt issued by the M.A.C.T., Nasik which shows that the sum of Rs.1,64,517/- which is the entire amount awarded with accrued interest has been deposited with M.A.C.T., Nasik. Copy of the receipt is taken on record and marked 'X' for identification. The Appellant shall give notice to the Respondents of the factum of their having deposited the entire amount with accrued interest with the M.A.C.T., Nasik within a period of two weeks from the date of this order.

In view thereof the Interim Application is made absolute in terms of prayer clause (b).

Liberty is granted to the Respondents to apply before this Court for withdrawal of the amount deposited by the Appellant. Civil Application is accordingly disposed of. by WAISHALI SUSHIL WAGHMARE Date:

2022.12.03 16:12:58 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2