New India Assurance Co. Ltd, Thr Its Authorized Signatory, Aurangabad v. Namdev Tukaram Kale And Others

{1} 902-CA-9031-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9031 OF 2022 IN FIRST APPEAL NO.1361 OF 2014 NEW INDIA ASSURANCE COMPANY LTD THR ITS AUTHORIZED SIGNATORY AURANGABAD

VERSUS

NAMDEO TUKARAM KALE AND OTHERS ...

Advocate for Applicant : Mr. M.R. Deshmukh Advocate for Respondent Nos.2 to 5 : Mr. R.G. Hange ....

CORAM : S.G. DIGE, J.

DATE : 21st October, 2022 ORDER :

.

Heard learned Counsel for applicant and learned Counsel for respondent Nos.2 to 5.

2.

Learned Counsel for applicant submits that, applicant has preferred appeal against the impugned order of the Tribunal, Beed. Initially stay was granted by this Court but later on the said stay could not be continued. Now respondent Nos.2 to 5 have fled execution proceedings before the Tribunal, Beed and warrant of attachment issued against applicant. Today applicant is ready to deposit entire Pooja K.

{2} 902-CA-9031-2022 amount along-with accrued interest thereon before the Tribunal, Beed. Hence, requested to stay the impugned order.

3.

Learned Counsel for respondent Nos.2 to 5 submits that, appropriate orders may pass.

4.

Considering the submissions of both the learned Counsel as well as applicant is ready to deposit entire amount along-with accrued interest thereon before the Tribunal, Beed. Hence, I pass the following order :-

ORDER

(a) Civil Application is allowed.

(b) The impugned order passed by the Tribunal is stayed till fnal disposal of the appeal.

(c) Liberty to respondent Nos.2 to 5 to fle withdrawal applications before this Court.

[S.G. DIGE, J.] Pooja K.