United India Insurance Co. Ltd., Thr Its Administrative Officer, Aurangabad v. Siraj Suleman Patel And ORS

CA 4571/2020 in FA 1602/2020 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4571/2020 IN FIRST APPEAL NO.1602/2020 UNITED INDIA INSURANCE COMPANY LTD.

THROUGH ITS ADMINISTRATIVE OFFICER, AURANGABAD

VERSUS

SIRAJ SULEMAN PATEL AND OTHERS.

.....

Dr.Swapnil D. Tawshikar, Advocate for applicant. .....

CORAM: V.L. ACHLIYA, J.

DATE: 28.07.2020 PER COURT :

1] The applicant / appellant has moved this application seeking stay to execution of award for the reasons set out in detail in the application. In brief, it is the contention of learned counsel for the applicant / appellant that the appellant has good case to succeed on merits. In case execution of award is not stayed, the very purpose of fling of appeal would be frustrated. On instructions, the learned counsel submits that the amount in terms of award shall be deposited within six weeks. 2] On due consideration of the submissions advanced and the statement made across the Bar that the amount in terms of the award shall be deposited within six weeks, I am of the view that the application deserves to be allowed in terms of prayer clause (B). 3] Accordingly, the application is allowed in terms of prayer clause (B) subject to deposit of the amount in this Court in terms of

CA 4571/2020 in FA 1602/2020 - 2 - the award within six weeks from the date of this order. 4] On failure to deposit the amount within six weeks, the order shall stand recalled and the application in that case be treated as dismissed if the time to deposit the amount is not extended. 5] Civil application is disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c287206.doc