Maharashtra State Road Transport Corporation v. Leela Shankar Maranhokar

3 caf4070-08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4070 OF 2008 IN FIRST APPEAL NO.836 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.C.M.Lokesh i/b M/s.G.S.Hegde and Associates for the applicant Mr.T.J.Mendon h/f Mr.S.G.Thorat for the rsepondent nos.1 and 2

CORAM

: K.K.TATED, J.

DATED : 27/02/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for stay of the operation and implementation of the judgment and award dated 17.11.2007 passed by MACT, Gadhinglaj in Application No.63 of 2001.

The learned counsel for the applicant submits that they deposited entire decreetal amount in the Tribunal.

Statement is accepted.

Respondent filed reply dated 7.7.2014 Mohite 1/2

3 caf4070-08.doc stating that they already withdrew the amount deposited by the applicant in the Tribunal. It is also stated in the said affidavit in reply that applicant has not deposited entire decreetal amount. As the respondent claimant already withdrew the entire amount deposited by the applicant, nothing survives in the present Civil Application.

Hence, following order:

a) Civil Application stands rejected.

b) Liberty granted to the claimants to prefer appropriate application, if they so desire for directing applicant to deposit remaining amount, if any as per the judgment and award passed by the Tribunal.

c) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2