Cholamandalam Ms.General Insurance Company Limited v. Mr. Devdatt Chandrakant Bhoira And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4209 OF 2016 IN FIRST APPEAL (ST) NO.23589 OF 2016 Cholamandalam Ms. General Insurance Co. Ltd .... Applicant.

V/s.

Devdatt C Bhoira and anr .... Respondents Mr. C. K. Bhangoji, with Mr. T.V. Jadhav I/byK.D. Sonawane, 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 seeking stay to execution and implementation of the judgment and order dated 12.1.2016 passed by Motor Accident Claims Tribunal, Pune, in MACP No.726 of 2010. 3.

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

3.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (a) subject to 1/2 p9 CAF 4209 OF 2016.doc

condition that the applicant deposits the entire amount within a period of four 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.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 p9 CAF 4209 OF 2016.doc