Tunidevi Samali Ram And ORS. v. Hdfc Ergo General Insurance Co. Ltd, Mumbai

8-IA3287-21INFAST372-21.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3287 OF 2021 IN FIRST APPEAL (ST) NO. 372 OF 2021 Tunidevi Samali Ram & ors.

...Applicants In the matter between HDFC Ergo General Insurance Co. Ltd.

...Appellant

Versus

Tunidevi Samali Ram & ors.

...Respondents

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2021.11.18 13:12:24 +0530 Mr. T. J. Mendon, for the Applicants/Respondent nos.1 to 8 in FAST/372/21.

Mr. Abhijit Kulkarni, for the Respondent/Appellant.

CORAM:

N. J. JAMADAR, J.

DATED :

17th NOVEMBER, 2021 PC:- 1.

Heard the learned Counsel for the applicants. 2.

By an order dated 15th January, 2021, the respondents - claimants were permitted to withdraw 50% of the amount, which was to be deposited by the appellant - insurer, as a condition for stay to the execution, operation and implementation of the impugned award, upon furnishing an undertaking within a week of the said deposit. 3.

The learned Counsel for the applicants/claimants submits that the appellant - insurer did not apprise the applicants /claimants about the deposit and, therefore, the applicants/ 1/2

8-IA3287-21INFAST372-21.DOC claimants could not furnish the undertaking within the stipulated period and withdraw the amount.

4.

Time to furnish undertaking and withdraw the amount in terms of paragraph 7 of the order dated 15th January, 2021, stands extended by three weeks from today.

5.

The application stands disposed of.

[N. J. JAMADAR, J.] 2/2