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Bombay High CourtCAF/1818/2016disposed off

The New India Assurance Co. Ltd.Through Mumbai Regional Office -I v. Smt. Vaijayanta Vishnu Dhumal And ORS.

2016-09-27Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1818 OF 2016 IN FIRST APPEAL (ST) NO.30760 OF 2015 The New India Assurance Co.Ltd.

.... Applicant.

V/s.

Vaijayanta Vishnu Dhumal and ors .... Respondents Mr. Devendranath S. Joshi, for the Applicant. None for the respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27TH SEPTEMBER, 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 passed by Motor Accident Claims Tribunal, Satara, in MACP No.379 of 2012.

2.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decretal amount in the Tribunal, within four weeks from the date of this order. Statement is accepted. 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 1/2 p2 CAF 1818 OF 2016.doc

four weeks, in the Tribunal, from today.

4.

On applicant's depositing amount in the Tribunal, the Tribunal to invest the said amount in any nominalized 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.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 p2 CAF 1818 OF 2016.doc