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Bombay High CourtCAF/2773/2014disposed off

The New India Assurance Co. Ltd. Division Office Thane v. Mrs. Eshwari Vellapandi Devar And ANR.

2022-09-08Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 7_caf_2773_2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2773 OF 2014 IN FIRST APPEAL NO.430 OF 2017 The New India Assurance Company Ltd.

...Applicant

Versus

Mrs. Eshwari Vellapandi Devar since deceased through heirs 1a) Chitrapandi Vellapandi Thevar and Anr.

...Respondents

...

Mr. Shrikant Dange for the Applicant.

Ms Reena Kundu for the Respondents.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 8th SEPTEMBER, 2022.

P.C.:- 1.

This is an application for stay of execution and implementation of the impugned Judgment and Award dated 29/05/2013 passed in Application (WCA) No.105/B-22/2012. 2.

Learned counsel for the Appellant states that the entire amount as per the impugned Judgment and Award has been deposited. Said statement is disputed by the learned counsel for the Respondentsoriginal Claimants. She states that an amount of Rs.88,477/- is yet to be deposited. The question whether the Appellants are liable to pay additional amount of Rs.88,477/- will be considered on the merits of the Digitally signed by MEGHA S PARAB Date:

2022.09.12 15:21:03 +0530 MEGHA S PARAB 1/2

Megha 7_caf_2773_2014.doc matter. The Appellant has deposited an amount of Rs.7,61,375/-. In view of which the execution and implementation of the impugned Judgment and Award is stayed pending hearing of the appeal. 3.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2