Bharti Axa General Insurance Company Limited, Through Legal Manager Mr. Ashwin Kumar Gawai v. Shri. Vaikuntha Ramnath Sahani And ORS.

(908) CAF 4031-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 4031 OF 2016 IN FIRST APPEAL (STAMP) NO. 24598 OF 2016 Bharti Axa General Insurance Co. Ltd.

.. Applicant/Appellant Vs.

Shri. Vaikuntha Ramnath Sahani & Ors.

.. Respondents Mr. Nikhil Mehta i/b KMC Legal Venture for the Applicant/Appellants. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 1 st OCTOBER, 2016.

P. C. :

1.

Heard learned counsel for the applicant.

2.

This is an application seeking stay to the execution of the impugned Judgment and Award dated 03.07.2015 passed by the M.A.C.T., Thane in M.A.C.P. No. 1009 of 2009.

3.

Learned counsel for the applicant submits that the applicant is ready to deposit the entire amount of the Award, within a period of three weeks from today. The statement is accepted.

4.

It is submitted that the matter was placed before this Court on 14.09.2016 and the submissions were advanced but the order remained to be passed on that date.

1/2

(908) CAF 4031-16 5.

The Civil Application is allowed. The stay is granted to the execution of the impugned Judgment and Award, subject to the applicant depositing the entire amount of compensation, as awarded by the Tribunal, within a period of three weeks from today in the M.A.C.T., Thane in M.A.C.P. No. 1009 of 2009.

6.

On applicant depositing the aforesaid amount in the Tribunal, the Tribunal is directed to invest the same in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal.

7.

On failure of the applicant to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 8.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2