Oriental Insurance Co Ltd v. Namdeo Tatya Shahane And ORS

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.02.18 11:04:05 +0530 2-CAF-4942-2011.odt SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4942 OF 2011 IN FIRST APPEAL (ST) NO.27654 OF 2011 WITH CIVIL APPLICATION (ST) NO.25821 OF 2013 WITH CIVIL APPLICATION NO.4943 OF 2011 Oriental Insurance Co. Ltd.

...Appellant Vs Namdeo Tatya Shahane and Ors.

...Respondents

...

Mr. S.S.Vidyarthi for the Appellant/Applicant in all matters. CORAM : SANDEEP K. SHINDE J.

DATE : FEBRUARY 17, 2022.

P.C. :

Civil Application No.4943 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 Sessions Judge, Malegaon informs this Court that appellant has th March, 2012 and not on or before 31 st deposited the amount on 15 Shivgan 1/2

2-CAF-4942-2011.odt 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.4942 of 2011 Appellant-Oriental Insurance Co. Ltd. seeks condonation of 36 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). Application is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 2/2