Future General India Insurnce Co. Ltd. v. Mr. Anil Aabbas Kurane And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4286 OF 2016 IN FIRST APPEAL NO.1469 OF 2016 Future General India Insurance Co. Ltd.

.... Applicant.

V/s.

Anil Aabbas Kurane and ors .... Respondents Mr. D. R. Mahadik for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 TH OCTOBER, 2016.

P.C. :

1.

Not on board. Taken on today's board.

2.

This application is for stay to the execution of the judgment and award dated 29.04.2016 passed by Motor Accident Claims Tribunal, Kolhapur, in MACP No.641 of 2013.

2.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decreetal amount in the Tribunal, within eight 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 p4 CAF 4286 OF 2016.doc

eight 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.

Statutory amount of Rs.25,000/- deposited in this Court, be transferred to the Tribunal.

6.

Application is disposed of accordingly.

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