The New India Assurance Co. Ld. v. Mr. Vaibhav Anant Panchal And ANR.

(28) CAF 3737-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3737 OF 2016 IN FIRST APPEAL NO. 1333 OF 2016 The New India Assurance Co. Ltd.

.. Applicant Vs.

Mr. Vaibhav Anant Panchal & Ors.

.. Respondents Mr. Sudhakar Pandaram i/b Milind V. More for the Applicant. None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 23 rd AUGUST, 2016.

P. C. :

1.

This application is preferred seeking stay to the execution of the Judgment and Award dated 16.02.2015 passed by the learned Member, Motor Accident Claim Tribunal, Mumbai in M.A.C.P. No. 1929 of 2009.

2.

It is submitted by the learned counsel for the applicant that the applicant is ready to deposit the entire amount of award as ordered by the Tribunal within 4 weeks from today. The statement is accepted. In view thereof, the stay is granted to the execution of the impugned Judgment and Award in terms of prayer clause (a), subject to condition that the applicant depositing the entire amount of award within 4 weeks from the date of this order in the Tribunal.

3.

On the applicant depositing the said amount, the Tribunal shall invest the same in the nationalized bank, initially for the period of one 1/2

(28) CAF 3737-16 year and to be renewed subsequently from time to time upto the disposal of the appeal. On failure of the applicant to deposit the amount within stipulated time, the stay will stand automatically vacated without further reference to this Court.

4.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2