Vinod Vishram Pande, And Another v. Kisan Gudda Jadhao, And Another

fa.359.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAF] NO.3592 OF 2014 IN FIRST APPEAL NO.359 OF 2017 (Vinod Vishram Pande and another vs.

Kisan Gudda Jadhao and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri V.K. Paliwal, Advocate for the Applicants-Appellants. Shri Mohd. Zahid Shekhani, Advocate for Respondent No.1. Shri S.V. Jaiswal, Advocate for Respondent No.2.

CORAM

: P.N. DESHMUKH, J.

DATE : 27 th NOVEMBER, 2017.

Heard.

This application is filed by the applicants, being driver and owner of the vehicle bearing No.MH28/B-9573 involved in the accident, for grant of stay to the entire decretal amount as per award dated 16/06/2014 passed by the Member, Motor Accident Claims Tribunal, Khamgaon in M.A.C.P. No.59/2010. This Court by its order dated 28/06/2017 had granted ad-interim stay to the effect and operation of the impugned award subject to condition that appellants shall deposit entire decretal amount in this Court within eight weeks from the date of order. The learned Counsel for the appellants

fa.359.17 2/2 makes a statement that appellants has not deposited the said amount till today in spite of further time granted for depositing the same.

In view of the statement made as aforesaid and since it is established that in spite of conditional order passed granting ad-interim stay, no amount is deposited, ad-interim stay granted on 28/06/2017 stands vacated.

In the circumstances, civil application stands disposed of as dismissed.

First Appeal No.359/2017 :

Heard.

Admit.

Call record and proceedings.

Appeal be shown in the captioned of final hearing.

JUDGE *sdw