National Insurance Co Ltd v. Sirtaji Sukhaiprasad Gautam And ANR

28.CAF63_2012.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 63 OF 2012 IN FIRST APPEAL (St.) No. 30453 OF 2011 National Insurance Co. Ltd.

... Appellant/Applicant Vs.

Smt. Sirtaji Sukhaiprasad Gautam ... Respondent Mr. Sandesh Deshpande, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 23rd January, 2018.

P.C.:

By this Civil Application, the applicant seeks stay to the operation and execution of the judgment and award dated 28th June, 2010 passed by the learned District Judge-2, Thane in M.A.C.P. No. 1091 of 2001. The learned Counsel for the applicant/appellant submits that the insurance company has already deposited the entire decretal amount alongwith interest accrued thereon. 2.

None present for respondent No. 1/original claimant though served.

3.

In view of the above, the operation and execution of the impugned judgment and award is stayed till the Appeal is decided finally.

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28.CAF63_2012.doc 4.

Civil Application is allowed and is disposed of accordingly. 5.

Place the First Appeal for admission after 10 weeks. (MRIDULA BHATKAR, J.) 2 / 2