The New India Assurance Co. Ltd. Brnach Satara. Through Mumbai Regional Office-I v. Mrs. Shila Shrirang Doiphode And ORS.

(P3) CAF 1584-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 1584 OF 2016 IN FIRST APPEAL NO. 659 OF 2016 The New India Assurance Co. Ltd.

.. Appellant/Applicant Vs.

Shila Shrirang Doiphode & Ors.

.. Respondents Mr. D. S. Joshi for the Appellant/Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th AUGUST, 2016.

P. C. :

1.

Heard learned counsel for the applicant.

2.

This is an application seeking stay to the execution of the impugned Judgment and Award dated 21.05.2015 passed by the M.A.C.T., Satara in M.A.C.P. No. 382 of 2013. Learned counsel for the applicant submits that the applicant will be depositing the entire amount as awarded by the Tribunal within a period of four weeks from today. The statement is accepted.

3.

The Civil Application is allowed. The stay is granted to the execution of the impugned Judgment and Award, subject to the applicant depositing the entire amount of compensation, as awarded by the Tribunal, within a period of four weeks from today in the M.A.C.T., Satara in M.A.C.P. No. 382 of 2013. It is also submitted that the attachment 1/2

(P3) CAF 1584-16 warrant is also issued and sent for execution to the bailiff. The said execution of the warrant is also, therefore, stayed on depositing the amount of compensation awarded by the Tribunal. The amount of Rs.25,000/- deposited in this Court be also transferred to the Tribunal. 4.

On applicant depositing the aforesaid amount in the Tribunal, the Tribunal is directed to invest the same in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal.

5.

On failure of the applicant to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 6.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2