The New India Assurance Company Limited v. Dr.Meena Parshuram Desai And ANR

11.4156.12-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4156 OF 2012 IN FIRST APPEAL NO.1664 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. B. Takke i/b. M. V. More for the Applicant. Mr. S. R. Singh i/b. S. R. Singh & Co. for Respondent Nos.1 to 3.

CORAM : K. K. TATED, J.

DATE : JANUARY 28, 2015 P.C.:

1.

Heard.

2.

This application is filed by original Insurer for stay of the operation and implementation of the impugned judgment and award dated 24/07/2012 passed by the learned member, MACT Mumbai in Claim Application No.1387/2006.

3.

The learned counsel for the Applicant submits that the pursuant to the order dated 18/12/2012 passed by this court, they already deposited entire decretal amount in the Tribunal. Statement is accepted.

Basavraj G Patil 1/2

11.4156.12-caf 4.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the Applicant has deposited the entire decretal amount, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. The original claimants have filed Application No.4381/2014 for withdrawal of the amount, which will be decided on its own merits. Hence, the following order. a) The operation and implementation of the impugned judgment and award dated 24/07/2012 passed by the learned Member, MACT Mumbai in Claim Application No.1387/2006 is stayed till further orders.

b) The Civil Application No.4381/2014 filed by the Respondent original claimants for withdrawal of the amount will be decided on its own merits.

c) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2