Iffco Tokio General Ins. Co.Ltd. v. Mr. Akash Raju Kamble And ANR.

1 CAF 4576-16 in FAST 24485-16.doc-910

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4576 OF 2016 IN FIRST APPEAL (STAMP) NO.24485 OF 2016 Iffco Tokio Gen. Ins. Co. Ltd.

] ... Applicant

Versus

Mr. Akash Raju Kamble and Anr.

] ... Respondents Ms. Jyoti Bajpyee Pandey for Applicant.

CORAM :- DR. SHALINI PHANSALKAR-JOSHI, J.

DATE :- OCTOBER 26, 2016 P. C. :- 1.

This is an application seeking stay to the execution of Judgment and Award dated 30/10/2015 passed by the Member, Motor Accident Claims Tribunal, Mumbai, in Application No.2503 of 2013.

2.

It is submitted by the learned Counsel for applicant that the applicant has received a notice of execution and hence it is necessary to grant stay to the execution. It is further submitted that the applicant is ready to deposit the entire amount of the Award URS 1 of 2

2 CAF 4576-16 in FAST 24485-16.doc-910 within four weeks from the date of this order. This statement is accepted as an undertaking to this Court and stay is granted to the execution of the impugned Judgment and Award, subject to the applicant depositing the entire amount of the Award in the Tribunal within four weeks from today.

3.

After the entire amount is deposited by the applicant in the Tribunal, the Tribunal to invest the same in any nationalized bank for a period of one year, to be renewed subsequently from time to time till the decision of the appeal.

4.

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

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

6.

Civil Application is disposed of accordingly. (DR.SHALINI PHANSALKAR-JOSHI, J.) URS 2 of 2