The New India Assurance Co. Ltd. Through Mumbai Regional Office -I v. Mrs. Renuka Dinesh Landge And ORS.

910-fa-674-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.674 OF 2015 WITH CIVIL APPLICATION NO.2046 OF 2015 The New India Assurance Co. Ltd.

... Appellant vs.

Renuka Dinesh Landge and Another ... Respondents Mr. D.S. Joshi, for the Appellant.

Mr. Niketan Nakhwa i/b. Mr. A.M. Gokhale, for Respondent Nos. 1 to 3.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

8th JANUARY, 2016 P.C.:

.

The learned counsel for the Appellant submits that the execution proceeding is initiated against the Insurance Company. Therefore, he seeks stay on the execution and implementation of the judgment and order dated 8th May, 2014 passed by the learned District Judge and Additional Member, M.A.C.T., Thane in M.A.C.P. No. 849 of 2009. He submitted that the Insurance Company has restricted its claim only to the tune of Rs. 5,40,000/- and the Insurance Company is ready to deposit the entire amount of th compensation along with the interest accrued thereon. Vishal 1 / 2

910-fa-674-2015.doc 2.

In view of this submission, the stay is hereby granted pending Appeal subject to the Appellant-Insurance Company to deposit the entire amount of compensation along with the interest accrued thereon within six weeks. If the amount is not deposited, then the stay shall be vacated forthwith without further reference to the Court.

3.

Issue notice to the Respondents returnable after six weeks. 4.

The Respondents are allowed to withdraw the amount except Rs. 5,40,000/- and the interest accrued thereon, as ordered by the Tribunal.

5.

Accordingly, the Civil Application No. 2046 of 2015 stands disposed of.

6.

Stand over after to 24th February, 2016 for admission. (MRS.MRIDULA BHATKAR, J.) 2 / 2