Shri. Ashok Pandurang Shinde And ANR. v. Shri. Vithal Duttatray Wagholikar And ANR.

Sherla V.

caf.4324.2015_901.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4324 OF 2015 IN FIRST APPEAL NO.1376 OF 2015 Shri Ashok Pandurang Shinde & anr.

... Applicants Vs.

Shri Vithal Duttatray Waghoikar & anr.

... Respondents Ms.Sneha Sanap i/b Sudam Kale for the Applicants/appellants Mr.R.S. Kate for Respondent No.1 Mr.Ketan Joshi for Respondent No.2 Insurance company CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 22nd DECEMBER, 2015 P.C.:

1.

By Civil Application No.4324 of 2015, the learned Counsel for the applicants seeks a stay to the operation and implementation of the judgement and award dated 3.5.2014 passed by the learned Member, MACT, Satara in MACP No.78 of 2011, as the applicants are apprehending execution proceedings against them. 2.

Heard the learned Counsel for the parties.

3.

Learned Counsel for both the respondents are present. Respondents waive notice through their advocates. In view of the above, there shall be stay to the operation and execution of the impugned judgement and award dated 3.5.2014 pending appeal, however, subject to 1 / 2

caf.4324.2015_901.doc the applicants depositing in the MACT, Satara, the entire decretal amount alongwith interest accrued thereon, within a period of six weeks from today. If the amount is not deposited by the applicants within the stipulated period, the stay granted herein will stand vacated forthwith and the original claimants are free to take out execution proceedings. 4.

List the appeal for admission on 9.2.2016.

5.

Civil Application for stay is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2