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Bombay High CourtCAF/266/2023ca disposed off

The Cholamandalam M.S. General Insurance Co, Ltd., Through Br. Manager, Nagpur v. Lalatibai Bankatlal Tawar And Others

2023-03-06Hon'Ble Justice Urmila Joshi Phalke2 pages

40 CAF-265-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.265 OF 2023 IN FIRST APPEAL (ST) NO.

OF [The Cholamandalam M. S. General Insurance Co. Ltd. ..V/s.. Lalatibai Bankatlal Tawar and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms Mrunal Naik, Advocate for Applicant/Appellant. Mr P. R. Agrawal, Advocate for Respondent Nos.1 to 5. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 6 th MARCH , 202 3 .

.

By this application, the applicant/appellant - Insurance Company is seeking condonation of delay of 153 days caused in filing the appeal.

2.

Issue notice to the respondents. Mr Agrawal, learned Advocate waives notice on behalf of respondent Nos.1 to 5. Appellant is permitted to serve the respondent Nos.6 and 7 by all modes of service.

3.

Place the matter after service upon respondent Nos.6 and 7.

CIVIL APPLICATION (F) NO.266 OF 2023.

4.

By this application, the applicant/appellant is seeking stay to the effect, operation, execution and implementation of the judgment and award dated 02.05.2022 passed in M.A.C.P. No.170 of 2020, by the Member, Motor Accident Claims Tribunal, Amravati.

40 CAF-265-2023 5.

On depositing the entire amount of compensation alongwith accrued interest within four weeks, the effect, operation, execution and implementation of the impugned judgment and award dated 02.05.2022 be stayed, till disposal of the appeal. On failure to deposit the amount within above said period, the stay granted will be vacated automatically without further reference to the Court.

6.

Civil Application No.266 of 2023 is disposed of. JUDGE TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE