Reliance General Insurance Co.Ltd. v. Shri. Anshiram Sunderdas Khatri @ Anshi And ORS.

12-CAF22176-2019-STAY-WITHCAF12970-2021-WITHDRAWALINFAST22172-2019.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 22176 OF 2019 (Stay) IN FIRST APPEAL (ST) NO. 22172 OF 2019 Reliance General Insurance Co. Ltd.

...Applicant/ Appellant

Versus

Anshiram Sunderdas Khatri @ Anshi & ors.

...Respondents

WITH INTERIM APPLICATION (ST) NO. 12970 OF 2021 (Withdrawal) SANTOSH SUBHASH KULKARNI Ms. Kalpana Trivedi, for the Applicant/Appellant. None for the Applicant in IAST/12970/2021.

SANTOSH SUBHASH KULKARNI Date: 2021.12.08 19:20:40 +0530

CORAM:

N. J. JAMADAR, J.

DATED :

8th DECEMBER, 2021 PC:- 1.

Heard Ms. Trivedi, the learned Counsel for the applicant/ appellant in CAF/22176/2019.

2.

None present for the applicants in IAST/12970/2021. 3.

The learned Counsel for the applicant, on instructions, submits that the appellant - insurer has deposited the entire amount of compensation along with interest accrued thereon in terms of the impugned award dated 6th March, 2019. 4.

In view of the aforesaid statement, the execution, operation and implementation of the impugned award in MACP 1/2

12-CAF22176-2019-STAY-WITHCAF12970-2021-WITHDRAWALINFAST22172-2019.DOC No.1004/2015, dated 6th March, 2019, passed by the learned Member, MACT, Mumbai, stands stayed till the final disposal of the appeal.

5.

The Tribunal shall permit respondent nos.1 to 4 to withdraw 25% of the amount of compensation, falling to their respective shares, along with interest accrued thereon, subject to furnishing an undertaking before the learned Member, MACT, to bring back the said amount along with interest at such rate as may be decided by the Court, in the event the appeal is allowed and it is held that the applicants are not entitled to compensation.

6.

The Civil Application No.22176 of 2019 stands disposed of. [N. J. JAMADAR, J.] 2/2