The New India Assurance Co. Ltd. Through Mumbai Regional Office-V v. Mr. Dashrath Shivajikonde And ANR.

16.1127.16-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 1127/2016 in First Appeal (ST) No. 32997/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. D. S. Joshi for the Applicant Mr. P. J. Pawar for Respondent No.1 Mr. Siddharth Idnani I/b. Avinash Gokhale for Respondent No.2.

CORAM

: K.K.TATED, J.

DATED : MAY 3, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking stay to the operation and implementation of the judgment and award dated 17.04.2015 passed by the MACT Pune in MACP No.433/2010.

The learned counsel for the Applicant submits that they have already deposited the entire awarded amount with interest in the tribunal. The statement is accepted. He submits that the operation and implementation of the impugned judgment and award be stayed.

Considering the submissions made by the learned counsel for the Applicant and Basavraj G Patil 1/2

16.1127.16-caf.doc the reasons disclosed in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

a.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"a.

Pending the hearing and final disposal of the appeal, this Hon'ble Court, by an order of stay the operation, implementation and execution of the part of the impugned judgment and award dated 17.04.2015 passed by the MACT, Pune in MACP No.433/2010 with interest thereon."

b.

The Tribunal is directed to invest the remaining amount in a fixed deposit of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till further orders.

c.

Liberty granted to the claimants to prefer an appropriate Application for withdrawal of further amount, if they so desire, which will be decided on its own merits.

d.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Basavraj G Patil 2/2