The New India Assurance v. Mr. Suresh Sitaram Kahandane And Another

1 12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.534 OF 2016 WITH INTERIM APPLICATION NO.20402 OF 2022 IN FIRST APPEAL NO.534 OF 2016 AND CIVIL APPLICATION NO.2910 OF 2014 IN FIRST APPEAL NO.534 OF 2016 The New India Assurance Co. Ltd.

... Appellant Vs.

Suresh Sitaram Kahadane and anr.

... Respondents ------- Ms.Shalini Shankar, Advocate for the Appellant/Applicant in CAF No. 2910 of 2014.

Mr.Aniket Nangare i/by Mr.R.S.Gangawane, Advocates for the Applicant in IA No.20402 of 2022 and for the Respondent No.1 in FA. ------- CORAM : ABHAY AHUJA, J.

DATE : 07 JULY, 2023.

P.C. :

CIVIL APPLICATION NO.2910 OF 2014 1.

This is an application seeking stay of the execution of the judgment

2 12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc and award dated 7th April, 2014 passed by the Motor Accident Claims Tribunal, Pune in MACP No.228 of 2013.

2.

Ms.Shalini Shankar, learned counsel for the Appellant-Insurance Company submits that the entire decretal amount has already been deposited in this court pursuant to the earlier orders and execution of the impugned decision has also been stayed by order dated 26th August, 2014. She submits that the stay application be disposed with an order to continue the stay on the execution till the final disposal of the appeal. 3.

Mr.Aniket Nangare, learned counsel for the Respondent No.1 has no objection.

4.

Having heard learned counsel and having perused the application, let the stay granted earlier to the execution of the final decision to continue till the final disposal of the first appeal. 5.

The application stands disposed of.

3 12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc FIRST APPEAL NO.534 OF 2016 1.

This first appeal has already been admitted on 4th July, 2018. 2.

Learned counsel for the Appellant submits that if the Record and Proceedings is called, it can be finally disposed. 3.

Accordingly, the Registry is directed to call for the Record and Proceedings within a period of four weeks.

4.

Let the compilation of documents also be filed within that period. 5.

List on 4th August, 2023.

(ABHAY AHUJA, J.)