Oriental Insurance Co Ltd v. Neelabai Mangu Rathod And ORS

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.02.18 11:04:05 +0530 SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4940 OF 2011 IN FIRST APPEAL (ST) NO.27630 OF 2011 WITH CIVIL APPLICATION NO.187 OF 2021 WITH CIVIL APPLICATION NO.4941 OF 2011 Oriental Insurance Co. Ltd.

...Applicant Vs Neelabai Mangu Rathod and Ors.

...Respondents

...

Mr. S.S.Vidyarthi for the Applicant/Appellant in all matters. Ms. Jaymala Ostwal with K. Gosavi i/by M/s. JJ Associates for R.No.9 in FAST 27630/2011.

Mr. Vaibhav Jagdale i/by Mr. Vivek Salunkhe for R.No.8 in FAST 27630/2011.

CORAM : SANDEEP K. SHINDE J.

DATE : FEBRUARY 17, 2022.

P.C. :

Civil Application No.4941 of 2011 st December, 2011 stayed This Court vide order dated 21 the execution of the award subject to appellant/applicant depositing the entire decretal amount with interest in the lower Court on or st January, 2012. Additional District Judge-1 and Additional before 31 Shivgan 1/3

Sessions Judge, Malegaon informs this Court that appellant has th March, 2012 and not on or before 31 st deposited the amount on 15 January, 2012. In that view of the matter, Additional Sessions Judge seeks clarification whether impugned award has been stayed or not. It is clarified that award has been stayed since appellant has deposited entire decretal amount.

Civil Application No.4940 of 2011 Appellant-Oriental Insurance Co. Ltd. seeks condonation of 33 days delay occurred in filing First Appeal. For the reasons stated in the application, it is allowed and made absolute in terms of prayer clause (a). Civil Application is disposed of.

Civil Application No.187 of 2021 Pending appeal, respondent no.8-Ratnakar Sakharam th March, 2013. This application seeks to Hardas passed away on 4 bring on record his legal representatives. For the reasons stated in the application, delay is condoned. Application is allowed in terms of prayer clauses (a) and (b).

Shivgan 2/3

Appellant shall carry out consequential amendments within four weeks from today.

Civil Application is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 3/3