Reliance General Insurance Company Ltd. v. Ramanath Girija Tiwari And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19317 OF 2022 WITH INTERIM APPLICATION NO.4716 OF 2023 IN FIRST APPEAL NO.1196 OF 2022 Reliance General Insurance Co. Ltd.

...Applicant

Versus

Ramnath Tiwari and Anr

...Respondents

...

Ms Shalini Shankar with Ms Sayli Thakur for the Applicant. Mr. Jitendra Gor for the Respondent No.1.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 28th AUGUST, 2023.

P. C. :- INTERIM APPLICATION NO.19317 OF 2022:- 1.

Learned counsel for the Applicant states that pursuant to order dated 20/10/2022 the Appellant has deposited the entire compensation before the Claims Tribunal, Mumbai. 2.

In the light of the said statement execution and implementation of the impugned Judgment and Award dated 21/04/2022 passed in M.A.C.P. No.877 of 2015 is stayed pending hearing of the appeal.

1/3

3.

The application stands disposed of.

INTERIM APPLICATION NO.4716 OF 2023:- 4.

The Applicant has sought withdrawal of the compensation deposited by the Appellant-Insurance Company pursuant to Judgment and Award dated 21/04/2022 passed by the Claims Tribunal, Mumbai in M.A.C.P. No.877 of 2015.

5.

In view of the reasons stated in the application, the Applicant is permitted to withdraw 50% of the compensation with proportionate interest accrued thereon subject to filing of an undertaking before the Claims Tribunal that the amount with interest will be refunded in the event the Appellant succeeds in the appeal. 6.

The application stands disposed of.

FIRST APPEAL NO.1196 OF 2022:- 7.

Issue notice to the Respondents, returnable on 25/09/2023. Private service is permitted. Mr. Jitendra Gor, learned counsel waives service on behalf of Respondent No.1. 8.

Leave is granted to the Appellant to file compilation of 2/3

documents. Parties are put to notice that an endeavour will be made to dispose of the appeal finally at the stage of admission. (SMT. ANUJA PRABHUDESSAI, J.) 3/3