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Bombay High CourtCAF/4027/2016disposed off

Bharti Axa General Insurance Company Ltd. Through Mr. Ashwinkumar Gawai-Manager Legal v. Shri. Sharad Shankar Jadhav And ANR.

2016-09-14Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4027 OF 2016 IN FIRST APPEAL NO.1425 OF 2016 Bharti Ax aGeneral Insurance Co.Ltd.

.... Applicant.

V/s.

Sharad Shankar Jadhav & and .... Respondents Mr. Nikhil Mehta i/by KMC Legal Venture, for the Applicant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 14TH SEPTEMBER, 2016.

P.C. :

1.

Not on board. Taken on board.

2.

This application is for stay to the execution of the judgment and award dated passed by Motor Accident Claims Tribunal, Niphad, District: Nashik, in MACP No.84 of 2011 2.

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. 3.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (a) subject to condition that the applicant deposits the entire amount within a period of four weeks, in the Tribunal, from today.

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4.

Amount of Rs.25,000/- deposited in this Court, be transferred to Motor Accident Claims Tribunal, Pune.

5.

Amount that will be deposited in the Tribunal alongwith amount of Rs.25,000/- (on transfer), the Tribunal to invest both the amounts in any nominalized 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 be stand vacated automatically and the application shall stand dismissed without further reference to this Court. 3.

Application stands disposed of accordingly.

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