Divisional Manager, National Insurance Co Ltd v. Dilip Shankar Sakat And ORS

10-CAF5227-11.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5227 OF 2011 IN FIRST APPEAL NO. 185 OF 2013 Divisional Manager, National Insurance Co Ltd ...Appellants

Versus

Dilip Shankar Sakat & Ors

...Respondents

Mr Bhavesh Mogan, h/f Sandesh Deshpande, for the Appellants/Applicants.

Mr Amit Sale, for the Respondents Nos. 1, 3 and 4. CORAM: G.S. PATEL, J DATED:

27th June 2017 PC:- 1.

On 20th July 2012, there was an ad-interim order on the Civil Application requiring the Appellant/Applicant to make a deposit of the entire decretal amount.

2.

It is now clarified that the deposit is to be of the decretal amount with all accrued interest. If the deposit has not been made, time is extended till 21st July 2017, but the deposit will now be with accrued interest till that date. It is made clear that if the deposit is not made or the deficit if any not paid by that date, the first Appeal 27th June 2017

10-CAF5227-11.DOC will stand dismissed without further reference to the Court. Upon that deposit being made, Respondents Nos. 1, 3 and 4 will be at liberty to withdraw an amount of 50% of the deposit without furnishing any security or undertaking.

3.

The Civil Application is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 27th June 2017