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Bombay High CourtCA/7180/2016disposed offdismissed for default

The New India Assurance Co. Ltd.Thr Its Authorized Signatory Ravikant Yadhav v. Kumarsagar Kiran Parakh And ORS

2017-09-29Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} 926 stay.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 7180 OF 2016 IN FAST/8861/2016 THE NEW INDIA ASSURANCE CO. LTD.THR ITS AUTHORIZED SIGNATORY RAVIKANT YADHAV

VERSUS

KUMARSAGAR KIRAN PARAKH AND ORS ...

Advocate for Applicant :Mr. M.M. Ambhore Adv. for Respondents 1 to 3 : Mr. D.L. Khivesara & G.D. Jain Adv. for Respondent No. 5 : Mr. Sandeep Gorde Patil CORAM : K.K. SONAWANE, J.

DATE : 29th September, 2017.

PER COURT:

1] This court, under order dated 7th October, 2016 granted conditional stay to the execution and implementation of the award impugned in the present appeal. However, the applicant Insurance Company did not deposit the entire decretal amount with interest accrued thereon within stipulated period. Today the learned counsel for the applicant shown his inclination to deposit the cheque of entire amount under the award within two weeks. Registry to accept the cheque. 2] In view of the nature of subject matter, I do not find any impediment to grant stay to the execution and implementation of the impugned award. Hence, the execution and implementation to the impugned awards is hereby stayed subject to condition that the appellant Acquiring Body shall deposit the entire decretal amount awarded by the

{2} 926 stay.odt Reference Court, alongwith interest accrued thereon in this appeal, within a period of two weeks. Civil applications for stay is disposed of accordingly. [K.K. SONAWANE] JUDGE.

grt/-