The New India Assurance Co. Ltd. v. Mamta Pawan Gola And ORS.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19589 OF 2022 IN FIRST APPEAL (ST) NO. 25091 OF 2022 The New India Assurance Co.Ltd.

...Applicant

Versus

Smt. Mamta Pawan Gola & Ors.

...Respondents

---------- Ms. Shraddha Chheda i/by Navdeep Vora & Associates for the Applicant.

---------- CORAM : R.I. CHAGLA J DATE : 29 November 2022 ORDER :

1.

By this Interim Application, the Applicant has applied for stay of the execution of the impugned judgment and order dated 13th April 2022 passed by the Member of Motor Accident Claims Tribunal, Mumbai pending hearing and final disposal of the First Appeal.

2.

Respondent Nos. 1 and 2 have been served with the 1/3

Interim Application and Respondent Nos. 3 and 4, though attempt was made to serve them the envelop containing papers and proceedings was returned with remark "unclaimed". 3.

Learned Advocate for the Applicant/Appellant on instructions states that the Appellant undertakes to deposit the entire amount awarded with accrued interest within four weeks from today. Statement is accepted.

4.

In view of the statement made, the relief in terms of prayer clause (a) of the Interim Application is granted, subject to deposit of the above amount.

5.

If the Appellant fails to deposit the entire amount within four weeks, the relief shall stands vacated without further reference to the Court.

6.

After depositing the amount, the Appellant shall inform the Respondents-Claimants about factum of deposit within one week therefrom.

2/3

7.

Respondents are at liberty to apply for withdrawal of the amount deposited.

8.

Interim Application is accordingly, disposed of. [R.I. CHAGLA J.] 3/3