M/S. Maratha Cement Works (A Unit Of Gujrat Ambuja Cement Ltd.) Thr. Its Authorized Signatory v. Smt. Vaishali Wd/O Kashinath Dandekar And Others

338.16ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION (F) NO.338 OF 2016 IN FIRST APPEAL NO.530 OF 2014 M/s Maratha Cement Works (A Unit of Gujrat Ambuja Cement Ltd.) Occ : Owner, Resident of Uparwahi, Tah. Koparna, Dist. Chandrapur, through its Authorized Signatory ..APPELLANT

VERSUS

Smt. Vaishali wd/o Kashinath Dandekar, aged about 40 years, Occ: Housewife, R/o. Talodhi, Tah. Chimur, Dist. Chandrapur & ors ..RESPONDENTS Mr Shyam Dewani, Advocate for appellant;

Mr H.N. Potbhare, Advocate for respondent Nos.1 to 4;

Mr S.D. Zoting, Advocate for respondent No.5 CORAM : N.W. SAMBRE, J.

DATE : 17th APRIL, 2017 ORAL ORDER :

On 17th February, 2014, the appellant was directed to deposit amount of Rs.19,18,570/- towards compensation under Motor Vehicles Act with interest @12% per annum from 3rd July, 2007.

338.16ca (2) 2.

This Court granted ad interim protection to the appellant considering breach vide order 23th June, 2016.

3.

Having heard respective Counsel for some time, in my opinion, the interim protection granted to the appellant should be confirmed on condition that the appellant herein shall deposit 80% amount of the total liability along with interest saddled by the tribunal within a period of twelve weeks from today.

4.

Interim protection stands confirmed in view of above in favour of the appellant.

4.

Civil Application stands allowed in above terms.

5.

Since the appeal is already admitted, it will be appropriate, in my opinion to direct filing of paper book within a period of twelve weeks from today, failing which, the appeal shall stand dismissed without further reference to the Court. (N.W. SAMBRE, J.) Tupe