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Bombay High CourtCA/1233/2021disposed off

National Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad v. Deepali Sandeep Patil And ORS

2021-02-05Hon'Ble Shri Justice V.L. Achliya2 pages

1234.21CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 CIVIL APPLICATION NO.1233 OF 2021 IN FIRST APPEAL NO.119 OF 2021 NATIONAL INSURANCE CO. LTD.,

VERSUS

DEEPALI W/O SANDEEP PATIL AND ORS ...

Mr.A.B. Gatne, Advocate for the applicant.

...

CORAM : V.L.ACHLIYA,J.

DATE : 05.02.2021 P.C.

The applicant-insurance company moved this application seeking stay to the execution of Award passed by the Tribunal.

2.

In brief, it is the contention of learned counsel for the appellant that the appellant has good case to succeed in appeal. Award passed by the Tribunal is perverse. On instructions, learned counsel for the appellant makes a statement that, the appellant-applicant shall deposit the amount in terms of award passed by the Tribunal within 8 weeks.

3.

On due consideration of submissions advanced and the statement made across the Bar, the following order is passed :-

1234.21CA.odt

ORDER

(i) The application is allowed in terms of prayer clause "B" subject to deposit of amount within eight weeks from the date of passing of order.

(ii)Failure to deposit the amount within eight weeks, stay granted stands vacated without further reference to the Court, unless the time is extended to deposit the amount before due date.

(iii) The application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE SGA