Iffco Tokyo General Insurance Co. Ltd., Thr Its Branch Manager, Ahmednagar v. Zinat Rafik Sayyad And ORS

4573.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4573 OF 2020 IN FIRST APPEAL NO.1604 OF 2020 IFFCO Tokyo General Insurance Company Limited.

..APPLICANT

VERSUS

Zinat Rafik Sayyad and others.

..RESPONDENTS ...

Mr.S.G.Chapalgaonkar, Advocate for the applicant.

...

CORAM : V.L.ACHLIYA,J.

DATE : 28.07.2020 P.C.

1] The applicant-appellant has moved this application seeking stay to the execution of the award for the reasons set out in detail in the application.

2] In brief, it is the contention of the learned counsel for the applicantappellant that the applicant-appellant has good case to succeed in appeal. In case, the execution of the award is not stayed, purpose of filing appeal would be frustrated.

4573.20CA.odt 3] On instructions, learned counsel for the applicant-appellant submits that the applicant-appellant shall deposit the amount in terms of the award within six [6] weeks.

4] Considering the submissions advanced and statements made that amount in terms of award shall be deposited within six [6] weeks, I am inclined to allow the application in terms of prayer clause-B subject to deposit of amount within six [6] weeks from today. Accordingly, Civil Application is allowed in terms of prayer clause-B subject to deposit of amount within six [6] weeks from today.

5] The amount shall be deposited in this Court. Failure to deposit the amount within stipulated period, order stands recalled and application to be treated as dismissed unless time is extended.

6] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC