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Bombay High CourtCAF/4172/2016disposed off

The New India Assurance Co. Ltd. v. Smt. Shalleishdevi Shivsaran Singh And ORS.

2016-09-26Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi1 pages

(23) CAF 4172-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 4172 OF 2016 IN FIRST APPEAL (STAMP) NO. 24194 OF 2016 The New India Assurance Co. Ltd.

.. Appellant/Applicant Vs.

Smt. Shalleishdevi S. Singh & Ors.

.. Respondents Mr. D. R. Mahadik for the Appellant/Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th SEPTEMBER, 2016.

P. C. :

1.

Heard learned counsel for the applicant.

2.

This is an application seeking stay to the execution of the Judgment and Award dated 11.08.2015 passed by the M.A.C.T., Mumbai in M.A.C.P. No. 849 of 2014. It is submitted that as the warrant of attachment of property was issued against the appellant/applicant, the appellant-applicant has deposited the entire decretal amount of Rs.50,625/- in M.A.C.T., Mumbai on 05.08.2016. 3.

In view thereof, the stay is granted to the execution of the impugned Judgment and Award in terms of prayer clause (a) of the application.

4.

The respondents are at liberty to withdraw the amount. Till they made an application for withdrawal of the amount, the amount bek invested in any nationalized bank.

5.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1