Bombay High CourtCAF/1986/2013dispossed offdismiss for default

The Oriental Insurance Company Ltd Through Its Branch Manager v. Shivaji Nagoji Chopade, And Others

2015-01-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa964.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.964 OF 2013 (The Oriental Insurance Co. Ltd., through Branch Manager ..vs.. Shivaji Nagoji Chopade and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.N. Dhanagare, Advocate for the appellant, Shri V.H. Kedar, Advocate for the respondent No.2, None for respondent Nos.1 and 3.

CORAM : Z.A. HAQ, J.

DATED : 06-1-2015 Heard Shri S.N. Dhanagare, the learned Advocate for the appellant and Shri V.H. Kedar, the learned Advocate for the respondent No.2.

None appears for the other respondents.

Admit.

Shri V.H. Kedar, the learned Advocate, waives service of notice on behalf of the respondent No.2. Civil Application (CAF) No.1986 of 2013.

Considering the challenges raised by the appellant, prima facie, I am satisfied that the appellant has made out case for grant of interim order. During the pendency of the appeal, there shall be interim stay to the execution of the impugned Award on condition that the appellant shall deposit the amount as per the Award with the Registry of this Court till 19-3-2015. If the amount is deposited, the Registry shall

2 fa964.13 invest it in fixed deposit in a Nationalised Bank initially for a period of three years and it shall be renewed every year till the decision of the appeal. If the amount is not deposited within the stipulated time, the interim order shall stand vacated without reference to the Court. The claimant is at liberty to file application for withdrawal of the amount, if so advised.

The civil application is disposed in the above terms.

JUDGE pma