Reliance General Insurance Co. Ltd., Mumbai Thr. The Divisional Manager v. Pishta Ashok Parihar And ORS.
Digitally signed by VASANT ANANDRAO IDHOL Date:
2023.09.17 19:37:21 +0530 VASANT ANANDRAO IDHOL vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.16932 OF2022 IN FIRST APPEAL NO.823 OF 2022 Reliance General Insurance Co. Ltd.
...Applicant V/s.
Pishta S. Parihar & Ors.
...Respondents
Ms.D. Shalini Shankar for the Applicant.
Ms.Rina Kundu for Respondent Nos.1 to 3.
CORAM : RAJESH S. PATIL, J.
DATE : 14TH SEPTEMBER, 2023.
P.C. :- 1.
This Interim Application is filed for seeking there in stay to the execution and implementation of judgment and order dated 9 April 2022 passed by the MACT, Thane in MACP No.362 of 2015. 2.
By an order dated 16 November 2022, this Court granted four weeks time to deposit the entire Award amount before MACT, Thane. However, till date the said amount is not deposited. 3.
Advocate for the Applicant seeks indulgence of this Court to grant three weeks time as a last chance. Ms.Kundu, advocate for the Respondent Nos.1 to 3 opposes this application strongly. As a last chance, the Applicant is permitted to deposit the entire Award 1/3
amount before MACT, Thane within three weeks from today. Subject to deposit, there will be stay to the execution of the judgment and Award dated 9 April 2022.
4.
On the said amount being deposited by the Applicant, Respondent Nos.1 to 3 (Original Claimants) are permitted to withdraw a sum of Rs.5,00,000/- each, totalling to Rs.15,00,000/- upon furnishing an undertaking before the concerned MACT to the effect that if they fail in this First Appeal, they will return the amount with interest, at such rate as may be directed by this Court at the time of disposal of the First Appeal.
5.
Balance amount shall be invested in the fixed deposit of a nationalized bank initially, for a period of one year and thereafter for like period depending the pendency of this Court. 6.
All the parties to act on an authenticated copy of this order. Issuance of certified copy of the order is expedited. 7.
The interim application is accordingly disposed of. FIRST APPEAL NO.823 OF 2022 1.
The learned counsel for the parties state that a short issue is involved in this matter, and the matter can be disposed at the admission stage itself. The parties agree to file a compilation of 2/3
document, short synopsis along with their preposition of law and authorities relied upon by them within four weeks from today. The matter to come up for final hearing on 30 October 2023 at 2:30 p.m. (RAJESH S. PATIL, J.) 3/3