Bombay High CourtCAF/2772/2016disposed off

Reliance General Insurance Co. Ltd. v. Shri. Balu Janba Yense And ANR.

2017-02-27Hon'Ble Shri Justice M.S. Sonak2 pages

902.fast.16873.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 90 OF 2017 WITH CIVIL APPLICATION NO.2772 OF 2016 IN FIRST APPEAL (ST) NO. 16873 OF 2016 WITH FIRST APPEAL (ST) NO. 16873 OF 2016 Balu Janba Yesne ...Applicant In the matter between Reliance General Insurance Co. Ltd.

...Appellant vs Balu Janba Yesne & Anr.

...Respondents.

.....

Ms Poonam Mital for the Appellant Mr Anand Patil for Respondent No.1/Applicant. .....

CORAM : M. S. SONAK, J.

27 FEBRUARY, 2017 P.C. :

Heard the learned counsel for parties.

Admit.

The appellant to file private paper book within a period of six months from today, failing which the appeal shall stand dismissed for non-prosecution without further reference to the Court. Ad- Pg 1 of 2

902.fast.16873.2016.doc interim relief granted on 24th June, 2016 is hereby confirmed. Since, the learned counsel for the Appellant states that the entire awarded amount together with costs has not been deposited before the concerned M.A.C.T. The Civil Application for stay is disposed of accordingly.

Learned counsel for the claimants, however, states that there is short deposit. If this is so, the Respondents are at liberty to file appropriate calculations and submit the same to the learned counsel for the Appellant. If the calculations furnished by the Respondents are found to be correct, liberty is granted to the Appellant to deposit the shortfall within a period of two weeks from today. In case such deposit is not made, the Respondents are at liberty to apply to this Court for vacating the stay.

The applicants are permitted to withdraw the sum of Rs.2 Lacs from out of the amount deposited by the appellant (Insurance Company) before the concerned M.A.C.T., such withdrawal is permitted unconditionally. However, the same shall abide by the final order that shall be made in the First Appeal. The concerned M.A.C.T. is requested to invest the remaining amount in any Nationalized Bank, initially for a period of two years. The Civil Application is disposed of accordingly.

( M. S. SONAK, J. ) Pg 2 of 2