The New India Assurance Co Ltd v. Smt Sima Ahesh Joshi..

904 caf 3113-12=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3113 OF 2012 IN FIRST APPEAL NO. 932 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Jinsiwale for the applicant.

CORAM : K. K. TATED, J.

DATED : 22/06/2015.

P.C.:

.

Heard learned Counsel for the applicant.

This Application is preferred by the Insurance Co. for stay of award dated 31.01.2012 passed by M.A.C.T. Ichalkaranji, in M.A.C.P. No. 121 of 2007. Earlier this Court passed conditional order on 27.09.2012 directing applicant to deposit the entire decretal amount before the Trial Court. Thereafter, this Court by order dated 26.08.2014 extended time to deposit the same.

The learned counsel for the applicant submits that he does not have any instructions from his client Sneha Chavan 1/2

904 caf 3113-12=.doc whether they deposited the awarded amount or not. Considering this fact, if amount is not deposited, one week time is granted to do so, failing which the Civil Application shall stand dismissed without further reference to the court.

Hence, the following order:

a) If order dated 26.08.2014 passed by this Court is not complied, one week time is granted from today to do so, failing which the Civil Application shall stand dismissed without further reference to the court.

b) If amount is deposited within stipulated time as stated hereinabove, liberty granted to the applicant to prefer appropriate application for withdrawal of further amount and that application will be decided on its own merits.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2