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Bombay High CourtCAF/3719/2016disposed off

The New India Assurnce Co. Ltd. Through Its Divisional Manager, v. Smt. Shyala Parambaloth Joseph And ORS.

2016-08-26Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

(914) CAF 3719-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3719 OF 2016 IN FIRST APPEAL (STAMP) NO. 21878 OF 2016 The New India Assurance Co. Ltd.

.. Appellant/Applicant Vs.

Smt. Shyla Parambaloth Joseph & Ors.

.. Respondents Ms. Deepika Motagi for the Appellant/Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th AUGUST, 2016.

P. C. :

1.

This is an application preferred by the appellant-Insurance Company seeking stay to the execution of the Judgment and Award dated 30.03.2016 passed by the MACT, Kalyan in MACP No. 144 of 2007. 2.

It is submitted by the learned counsel for the applicant that the applicant will be depositing the entire amount of compensation as awarded by the Tribunal within six weeks from today. The said statement is accepted and subject to condition of deposit of the said amount, the stay is granted to the execution of the impugned Judgment and Award in terms of prayer clause (b).

3.

On the applicant depositing the aforesaid amount in the Tribunal, the Tribunal is directed to invest the same in any Nationalized 1/2

(914) CAF 3719-16 Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal.

4.

On failure of the applicant to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 5.

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