The Divisional Manager, The New India Assurance Co.Ltd. v. Smt.Saudamini Gopinath Das And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2776 OF 2017 IN FIRST APPEAL (ST.)NO.18393 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Misar H.G. for the applicant CORAM : K. K. TATED, J DATE : MARCH 12, 2019 P.C.:

Heard.

By this Civil Application, applicant is seeking stay of the judgment and award dated 22.11.2016 passed by MACT, Satara in MACP No. 176 of 2010.

The learned counsel for the applicant submits that they already deposited sum of Rs.29,28,662/- in the Tribunal. To that effect, there is a remark on Farad also.

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The learned counsel for the applicant submits that in the interest of Justice, this Hon'ble Court be pleased to allow the Civil Application in terms of prayer clause (a).

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

A.

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

"(a) Pending the hearing and final disposal of the abovesaid First Appeal, the execution, operation and implementation of the impugned Judgment and Award dated 22.11.2016 passed by the learned Member, Motor Accident Claims Tribunal, Satara, in M.A.C.P. No.176 of 2010 may kindly be stayed."

B.

Liberty granted to the respondent original claimant if they so desire to prefer appropriate application for withdrawal of the amount and 2/3

that application be decided on its own merits. C.

Civil Application stands disposed of accordingly.

D.

No order as to costs.

(K.K.TATED, J.) 3/3