The New India Assurance Co Lltd Thr Divnl Lmanager Aurangabad v. Sunita Gorakh Wakale And ORS

927-CA-12408-2011 (S)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.12408 OF 2011 IN FA/1165/2012 THE NEW INDIA ASSURANCE CO LLTD THR DIVNL LMANAGER AURANGABAD

VERSUS

SUNITA GORAKH WAKALE AND ORS ...

Advocate for Appellant : Mr. M.M. Ambhore Advocate for Respondents no.1 to 7 : Mr. D.A. Naik. ....

CORAM : V.L. ACHLIYA, J.

DATED : 02nd AUGUST, 2018 PER COURT:- 1.

Learned counsel for the applicant - appellant submits that in terms of order dated 18.10.2011, though the appellant has deposited the amount to the extent of 50%, but the same was deposited after the expiry of time prescribed to deposit the amount and therefore ad-interim order passed in the matter vacated. He submits that the Tribunal has issued recovery warrant for recovery of 50% balance amount.

2.

Learned counsel submits that the appellant - Insurance Company is ready to deposit the balance amount of 50% together with interest till the date of deposit within three weeks from today and urged to grant interim stay to execution of warrant.

927-CA-12408-2011 (S) 2.

In view of the submissions made, ad-interim relief granted in terms of prayer clause 'B' subject to deposit of balance amount of 50% together with interest within three weeks from the date of this order. Failure to deposit the amount within three weeks, the ad-interim relief granted stands vacated without further reference to the Court.

3.

The application is disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR