Solapur Municipal Corporation v. Smt. Mahadevi Harishchandra Mali And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3417 OF 2016 IN FIRST APPEAL (ST) NO.9661 OF 2015 Solapur Municipal Corporation .... Applicant V/s.

Mahadevi Harischandra Mali and ors .... Respondents Mr. Vijay Killedar, for the Applicant-appellant. Mr. Abhay A. Jadhavar, i/by A. B. Tajane, for the Respondent Nos. 1 to 5. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 2ND SEPTEMBER, 2016.

P.C. :

1.

Not on board.

2.

Upon mentioning, taken on today's board.

3.

This is an application seeking stay to the execution of the award dated 29.8.2013, passed by Motor Accident Claims Tribunal, Solapur.

4.

It is submitted that respondent claimants have already filed execution application and the attachment warrant is issued therein. Learned counsel for applicant submits that the applicant is ready to deposit the entire decreetal amount within 8 weeks from today. This Statement is accepted.

1/2 P1 caf 3417 of 2016.doc

5.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (b) subject to condition that the applicant deposits the entire amount within a period of eight weeks, in the Tribunal, from today.

4.

On applicant's depositing amount in the Tribunal, the Tribunal to invest the said amount in any nominalized bank, initially for a period of one year and thereafter to be renewed from time to time till disposal of the appeal. On applicant's failure to deposit the entire amount within the stipulated period, the stay granted shall stand vacated automatically and the application shall stand dismissed without further reference to this Court.

5.

Application is disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 P1 caf 3417 of 2016.doc