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Bombay High CourtCA/6955/2018disposed offdismissed for default

New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Subhash Hiraman Sonawane And ANR

2018-06-06Hon'Ble Shri Justice K. K. Sonawane1 pages

1 901-CA-6955-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6955 OF 2018 IN FA/1778/2018 NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

SUBHASH HIRAMAN SONAWANE AND ANR ...

Advocate for Appellant : Mr. Mohit R. Deshmukh. ...

CORAM : K.K. SONAWANE, J.

DATED : 6th JUNE, 2018.

Order :- 1.

Heard learned counsel for applicant- Insurance Company. 2.

Perused the application and other relevant documents. Learned counsel for applicant submits that the decreetal amount awarded by the Tribunal will be deposited within a period of six weeks from today. He requested to grant stay to the operation, execution and implementation of impugned award passed by the learned Tribunal. 3.

In view of aforesaid submissions on the part of applicant and reasons mentioned in the application, there is no impediment to grant stay in favour of the applicant-appellant. Accordingly, ad-interim stay to the execution and implementation of the impugned Judgment and Award passed by learned Motor Accident Claims Tribunal, Ahmednagar in MACP No. 843 of 2011 is hereby granted subject to condition that appellantInsurance Company shall deposit the entire decreetal amount along with interest accrued therein within a period of four weeks from today. Failure to which, the stay granted shall stand vacated automatically without further reference to the Court with liberty to respondent/s-original claimant/s to avail the recourse of law for execution of the Award within ambit of law.

4.

Accordingly, application stands disposed of.

[ K. K. SONAWANE ] JUDGE rrd.