The New India Assurance Co. Ltd. v. Smt. Anand Bhairusingh Devda And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3686 OF 2016 IN FIRST APPEAL (ST) NO.19193 OF 2016 The New India Assurance Co. Ltd.

.... Applicant.

V/s.

Smt. Anand Bhairusingh Devda and 2 ors .... Respondents Ms. Poonam Mital, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 22 ND AUGUST, 2016.

P.C. :

1.

Heard learned counsel for applicant.

2.

This is an application for seeking stay to the execution and implementation of award dated 16th September August, 2015, in M.A.C.P. No.281 of 2009, passed by Motor Accident Claims Tribunal, Thane. 3.

It is submitted by learned counsel for applicant that the applicant is ready to deposit the entire amount as awarded by the Tribunal alongwith interest in the Tribunal, within four weeks from today. Statement is accepted and subject to condition of depositing entire amount within the stipulated period, execution and implementation of the impugned award is stayed in terms of prayer clause (a) of the application. 4.

On the amount being deposited by the appellant, the Tribunal 1/2 21 CAF 3686 OF 2016.doc

to invest the same in any nationalized bank, initially for a period of one year to be renewed thereafter from time to time, till disposal of the appeal. On failure to deposit the said amount, stay granted shall stand automatically vacated without further reference to this Court. 5.

Application stands disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 21 CAF 3686 OF 2016.doc