The National Insurance Company Limited v. Miss. Anita Mukund Gawade And ANR.

35 caf 4542 of 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4542 OF 2016 IN FIRST APPEAL (ST) NO.20929 OF 2016 National Insurance Co. Ltd .... Applicant V/s.

Ms. Anita Mukund Gawade and anr .... Respondents Ms Poonam Mittal, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24TH OCTOBER, 2016.

P.C. :

1.

This application is for stay to the execution of the judgment and award dated 18.01.2016 passed by Motor Accident Claims Tribunal, Mumbai, in MACP No..2153 of 2009.

2.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decreetal amount in the Tribunal, within six weeks from the date of this order. Statement is accepted as undertaking.

3.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (a) subject to condition that the applicant deposits the entire amount within a period of 1/2

35 caf 4542 of 2016.doc six weeks, in the Tribunal, from today.

4.

On applicant's depositing amount in the Tribunal, the Tribunal to invest the said amount in any nationalized 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