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Bombay High CourtCA/4594/2020disposed offdismissed for default

The New India Assurance Co. Ltd., Thr Its Br Manager, B.J. Market, Jalgaon v. Ushabai Suresh Pawar And ORS

2020-07-31Hon'Ble Shri Justice V.L. Achliya2 pages

CA 4594/2020 in FA 1611/2020 and another - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO.4594 OF 2020 IN FIRST APPEAL NO.1611 OF 2020 THE NEW INDIA ASSURANCE CO.LTD., THROUGH ITS BRANCH MANAGER, B.J. MARKET, JALGAON

VERSUS

USHABAI SURESH PAWAR AND OTHERS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= AND 936 CIVIL APPLICATION NO.4600 OF 2020 IN FIRST APPEAL NO.1617 OF 2020 THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

SADHANA GAJANAN SOLANKE AND OTHERS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Mohit R. Deshmukh, Advocate for applicant in both applications. ......

CORAM: V.L. ACHLIYA, J.

DATE: 31.07.2020 PER COURT :

1] Heard learned counsel for the applicant.

2] Learned counsel submits that the applicant / appellant have good case to succeed on merits. In case execution of the awards is not stayed, there is every likelihood that the purpose of filing appeals would be frustrated.

3] On instructions from the applicants / appellants - insurance companies, the learned counsel submits that the amounts in terms of the awards shall be deposited in this Court within six weeks.

CA 4594/2020 in FA 1611/2020 and another - 2 - 4] On due consideration of the submissions advanced and the statement made that the amounts in terms of the awards shall be deposited within six weeks, the applications are allowed in terms of prayer clause [B] in respective applications subject to deposit of the amounts in terms of the awards in this Court within six weeks. On failure to deposit the amounts, stay granted to the execution of awards shall stand vacated.

5] The applications be marked as disposed of in above terms.

(V.L. ACHLIYA, J.) ndk/c317208.doc