The New India Assurance Company Limited v. Shri. Toufik Hanif And ANR.

24.2969.15-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2969/2015 in First Appeal No.1383/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. D. R. Mahadik for the Appellant Mr. Shailesh D. Chavan for Respondent Nos.1 and 2.

CORAM: K.K.TATED, J.

DATED : AUGUST 6, 2019 P.C.

Heard. By this Civil Application , the Applicant Insurance Co. is seeking stay to the operation and implementation of the judgment and award dated 03.12.2014 passed by the MACT Satara in MACP No.638/2010.

The learned counsel for the Applicant submits that they have deposited the entire awarded amount with interest in the Tribunal as per order dated 11.09.2015 passed by this court.

The statement is accepted.

Considering the submissions made by the learned counsel for the Applicant Basavraj G. Patil 1/2

24.2969.15-caf.odt and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That pending the hearing and final disposal of the appeal, the operation of the judgment and order 03.12.2014 passed by the Hon'ble Shri Mangesh S. Patil, Chairman, MAC, Satara in MACT application No.638 of 2010, be stayed."

b.

Liberty granted to the claimants to prefer an appropriate Application for withdrawal of the amount, if they so desire, which will be decided on its own merits.

c.

The Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2