Bajaj Allianz General Insurance Company Limited v. Mrs. Nikita Sanjay Haldankar Since Dead, Abated And Deleted And ORS.

(4) CAF 1472-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 1472 OF 2016 IN FIRST APPEAL (STAMP) NO. 18326 OF 2015 Bajaj Alliance General Insurance Co. Ltd.

.. Appellant/Applicant Vs.

Nikita Sanjay Haldankar & Ors.

.. Respondents Ms. Yogita Deshmukh i/b M. M. Sathye for the Appellant/Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th AUGUST, 2016.

P. C. :

1.

Heard learned counsel for the applicant.

2.

This is an application seeking stay to the execution, implementation and operation of the impugned Judgment and Award dated dated 16.09.2014 passed by the M.A.C.T., Sindhudurg in M.A.C.P. No. 36 of 2007. Learned counsel for the applicant submits that the applicant will be depositing the entire amount under the Award, as passed by the Trial Court, within a period of six weeks from today. The statement is accepted. 3.

The Civil Application is allowed. The stay is granted to the execution of the impugned Judgment and Award, subject to the applicant depositing the entire amount of compensation, as awarded by the Tribunal, within a period of six weeks from today in the M.A.C.T., Sindhudurg in M.A.C.P. No. 36 of 2007.

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(4) CAF 1472-16 4.

On applicant depositing the aforesaid amount in the Tribunal, the Tribunal is directed to invest the same in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal.

5.

On failure of the applicant to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 6.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2