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Bombay High CourtCAF/813/2019admittedallwdgrantedrule absolute

The Bajaj Allianz General Insurance Company Ltd., Nagpur v. Smt. Ujwala Wd/O Yashwant Kanfade And Others

2019-04-25Hon'Ble Mrs. Justice Swapna Joshi3 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 915 OF 2019 IN CIVIL APPLICATION NO. 813 OF 2019 IN FIRST APPEAL (ST) NO. 29564 OF 2018 (The Bajaj Allianz General Insurance Co. Ltd. V/s Smt. Ujwala Yashwant Kanfade & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. N. R. Thamke h/f Mrs. Mrunal Naik, Advocate for Applicant/Appellant.

------- CORAM : MRS. SWAPNA JOSHI, J.

DATE : APRIL 25, 2019.

P.C.

The Applicant has filed application for permission to deposit the amount of Award along with interest to the tune of Rs.5,73,207/-.

Heard the learned Counsel for Applicant.

Perused the contents of Application.

Application and in the interest of justice, Applicant is permitted to deposit its share in the amount of Award along with interest to the tune of Rs.5,73,207/- in this Court within a period of one week from today. 1/3

4.

Civil Application stands disposed of accordingly.

CIVIL APPLICATION NO. 814 OF 2019 This is an application for grant of stay to the effect, operation, execution and implementation of the Judgment and Award dated 1st September 2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagpur in Motor Accident Claims Petition No. 1065 of 2018 till the decision of this Appeal. The learned Counsel for Applicant submits that the decreetal amount would be deposited in this Court within a period of one week from today. Hence, he seeks stay as prayed in the Application. Heard the learned Counsel for Applicant/Appellant. Perused the contents of application.

4.

Application and in the interest of justice, there shall be stay to the effect, operation, execution and implimentation of the Judgment and Award dated 1st September 2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagpur in MACP No.1065 of 2008 till the decision of this Appeal, subject to depositing the decreetal amount with interest in the Court by the Appellant.

2/3

5.

Civil Application stands disposed of in above terms.

CIVIL APPLICATION NO. 813 OF 2019 This is an Application seeking condonation of 262 days delay caused in preferring the present Appeal.

Heard the learned Counsel for Appellant.

Perused the contents of the Application.

Application, particularly in Paragraph Nos.3 & 4 of the Application, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

4.

In view thereof, the delay in preferring the present Appeal is hereby condoned, subject to payment of costs of Rs.500/-. The costs to be paid to Vidarbha Lady Lawyer's Association, Nagpur.

5.

The Civil Application stands disposed of accordingly.

6.

The First Appeal be registered. The same be listed for admission after summer vacation. (MRS. SWAPNA JOSHI, J.) 3/3