United India Insurance Company Ltd Through Divnl Manager Aurangad v. Habibabee Shaikh Ismail And ORS

1 937-CA-5383-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5383 OF 2010 IN FA/1465/2010 UNITED INDIA INSURANCE COMPANY LTD THROUGH DIVNL MANAGER AURANGABAD

VERSUS

HABIBABEE SHAIKH ISMAIL AND ORS ...

Advocate for Applicant : Mr. M. A. Deshmukh h/f Mr. S. G. Chapalgaonkar. Advocate for Respondent No.2 : Mr. R. R. Imale h/f Mr. A. D. Kasliwal. ...

CORAM : K.K. SONAWANE, J.

DATED : 5TH JANUARY, 2018.

Order :- Heard learned counsel for the applicant- Insurance Company. 2.

Perused the application and relevant documents placed on record. 3.

Learned counsel for applicant-Insurance Company submits that the entire decreetal amount has already been deposited in this Court and 50 % of the amount was also withdrawn on behalf of original claimant. Therefore, the learned counsel for applicant has prayed to grant stay to the execution and implementation of the impugned Judgment and Award passed by the learned Motor Accident Claims Tribunal, Aurangabad in M.A.C.P. No. 577 of 2007 dated 11-09-2009.

4.

In view of aforesaid submission and reasons mentioned in the application, there is no impediment to grant the application. Accordingly, civil application stands allowed in terms of prayer clause 'B'. The execution and operation to the impugned Judgment and Award passed by the learned Tribunal in M.A.C.P. No. 577 of 2007, dated 11-09-2009 is hereby stayed. Accordingly, the civil application for stay stands disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.