The New India Assurance Co. Ltd. v. Mrs. Kanchan Bhikaji Gawade And ORS.
59.2195.14caf FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
CIVIL APPELLATE SIDE JURISDICTION.
CIVIL APPLICATION NO.2195 OF 2013 IN FIRST APPEAL NO.725 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Urmila K. Sanil for the Appellant.
Mr. Yuvraj P. Narvankar for Respondent Nos.1 to 4. CORAM : K. K. TATED, J.
DATE : JANUARY 9, 2015 P.C.:
1.
Heard. This application is preferred by original opponent No.2 Insurance Co. for stay of the operation and implementation of the impugned judgment and award dated 23/11/2012 passed by the MACT in MACP No.187/2010.
2.
The learned counsel for the Applicant submits that the Applicant has already deposited the entire decretal amount before the Tribunal as per order dated 12/07/2013 passed by this court. 3.
In the present proceedings, the Respondent original claimant preferred Civil Application No.1876/2014 for withdrawal of the amount what will be decided on its own merits.
Basavraj G Patil 1/2
59.2195.14caf 4.
Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:
(A) Civil Application is allowed in terms of prayer clause (a) which reads thus:
(a) The judgment and award dated 23/11/2012 passed in MACT No.187/2010 by the Member, MACT, Karad be stayed as against the Petitioners/ Appellants pending the hearing and final disposal of this First Appeal.
(B) Civil Application No.1876/2014 filed by the Respondent original claimant will be decided on its own merits.
(C) Civil Application stands disposed off accordingly.
JUDGE Basavraj G Patil 2/2