The New India Assurance Co. Ltd. Through Centralized Motro Tp Claims Hub, v. Mr. Balbhim Baburao Sankpal And ANR.

vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4591 OF 2016 IN FIRST APPEAL NO.1612 OF 2016 The New India Assurance Co. Ltd.

.... Appellant.

V/s.

Mr. Balbhim Baburao Sankpal and anr .... Respondents Mr. D.S. Joshi, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 TH OCTOBER, 2016.

P.C. :

1.

Not on board. Taken on today's board.

2.

This application is for stay to the execution of the judgment and award dated 15.07.2016, passed by Motor Accident Claims Tribunal, Mumbai , in MACP No..2510 of 2008.

2.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decreetal amount in the Tribunal, within 8 weeks from the date of this order. Statement is accepted as an undertaking.

3.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (a) subject to condition that the applicant deposits the entire amount within a period of eight weeks, in the Tribunal, from today.

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4.

On applicant's depositing amount in the Tribunal, the Tribunal to invest the said amount in any nationalized bank, initially for a period of one year and thereafter to be renewed from time to time till disposal of the appeal. On applicant's failure to deposit the entire amount within the stipulated period, the stay granted shall stand vacated automatically and the application shall stand dismissed without further reference to this Court.

5.

Application is disposed of accordingly.

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