Bajaj Allianz General Insurance Co. Ltd. v. Muktabai Govind Mohite And ORS

CA 16335+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO. 16335 OF 2016 IN FAST/31706/2016 WITH CA/16336/2016 IN FAST/31706/2016 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.

VERSUS

MUKTABAI GOVIND MOHITE AND ORS ...

Advocate for Applicant : Mr. Chapalgaonkar S.G. Advocate for Respondents : Mr Mukhedkar Amit A. ...

CORAM : V.K. JADHAV, J.

Dated: February 20, 2017 ...

PER COURT :- 1.

In application for condonation of delay, issue notice to the Respondents. Mr Mukhekdar, learned counsel waives notice for respondents 1 to 7.

2.

Heard both sides. Learned counsel for the applicant submits that due to some difficulties, the appeal could not be preferred within limitation.

3.

Learned counsel appearing for respondents claimants strongly resisted the application.

4.

In view of the above submissions, and for the reasons stated in the application, delay of 97 days caused in filing the appeal is hereby condoned. CA for delay accordingly disposed of.

CA 16335+.odt 5.

In appeal, issue notice to the Respondents, returnable on 3.4.2017. Mr. Mukhedkar, learned counsel waives notice for respondents 1 to 7.

6.

Call Record and proceedings.

7.

Heard the learned counsel for the applicant on stay application. The applicant is ready to deposit the entire amount under the award within four weeks from today. Thus, the effect, execution and implementation of the impugned judgment and award is hereby stayed on the condition that, the applicant shall deposit the entire amount covered under award alongwith interest, within four weeks from today, in this court, failing which, stay granted by this order, shall stand vacated automatically without further reference to the Court.

8.

Civil application for stay accordingly disposed of. ( V.K. JADHAV, J. ) ...

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