The New India Assurance Co. Ltd. v. Mr. Sanjay Balaram Shigwan And Another

58 caf1985-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1985 OF 2015 IN FIRST APPEAL NO.564 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Pooja Yadav i/b Mr.D.R.Mahadik for the applicant CORAM : K. K. TATED, J DATE : APRIL 4, 2019 P.C.:

.

Heard.

By this Civil Application, Applicant Insurance Company is seeking stay of the operation and implementation of the impugned judgment and award passed by the MACT Thane in MACP No.106 of 2004.

The learned counsel for the Applicant submits that they deposited entire awarded amount in the Tribunal. To that effect, there is endorsement in the farad also.

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58 caf1985-15.doc Considering the submissions made by the learned counsel for the Applicant and as entire amount is deposited in the Tribunal, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Pending the hearing and final disposal of the First Appeal, operation and implementation of the impugned judgment and award dated 17.5.2014 passed by MACT, Thane in MACP No.106 of 2004 is stayed.

b.

Tribunal is directed to invest entire awarded amount in fixed deposit of any nationalised bank initially for a period of one year and same is continued till further orders. c.

Civil Application No.1670 of 2017 preferred by the Applicant for withdrawal of amount be decided on its own merits.

d.

Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2