The United India Insurance Co. Ltd. v. Shri Shiraj Gulab Mulani And ORS.

5 caf1828-01.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1828 OF 2001 IN FIRST APPEAL NO.1104 OF 2001 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Milind Deshpande for the applicant Mr.D.R.Mahadik i/b Mr.S.R.Singh for the respondent

CORAM

: K.K.TATED, J.

DATED : 27/02/2015 PC:

Not on board. At the request of Advocate for the applicant, matter is taken on board for orders. This application is preferred by Insurance Company for stay of the the operation and implementation of the impugned judgment and award dated 11.07.2000 passed by MACT, Solapur in MACP No.94 of 1995.

The learned counsel for the applicant submits that they already deposited entire decreetal amount in the Tribunal and same is invested in fixed deposit.

Considering the submissions made by the Mohite 1/2

5 caf1828-01.doc learned counsel for the applicant and as entire amount is deposited by them, I am satisfied that the applicant has made out a case for allowing Civil Application. Hence, following order:

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

"(a) Pending the hearing and final disposal of the appeal the operation of the Judgment and Award dated 11th July, 2000 in M.A.C.T. Application No.94 of 1995 passed by Hon'ble Shri A.H.Lohiya, Learned Ex-Officio Member, Motor Accident Claims Tribunal, Solapur, be stayed."

(b) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2