The New India Assurance Co. Ltd. v. Mrs. Sujata Tanaji Yadav And ORS.
903.2733.14caf FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2733/2014 IN FIRST APPEAL (ST) NO. 19921/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D. R. Mahadik for the Applicant Mr. Dilip Bodke for the Respondent Nos.1 to 3. CORAM : K. K. TATED, J.
DATE : JANUARY 15, 2016 P.C.:
1.
Heard. This Application is made by the Insurance Company for stay of the operation and implementation impugned award dated 18/03/2014 passed by the MACT, Satara in MACP No.327/2012 till hearing and final disposal of the appeal.
2.
The learned counsel for the Applicant submits that they already deposited entire awarded amount in the Tribunal as per order dated 12/08/2014 passed by this court.
3.
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 Basavraj G Patil 1/2
903.2733.14caf the present Civil Application.
4.
Hence, the following order:
a) Civil Application is allowed in terms of prayer clause (a) which read thus:
(a) That pending the hearing and final disposal of the appeal, the operation of the judgment and order dated 18/03/2014 passed by Hon'ble Mangesh S. Patil, Chairman, MACT, Satara in MACT Application No.327/2012, be stayed.
b) The Tribunal is directed to invest the awarded amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.
c) Liberty granted to the claimants to prefer an appropriate Application for withdrawal of awarded amount, if they so desire, which will be decided on its own merits d) The statutory deposit, if any, made by the Applicant at the time of filing the First Appeal be transferred to the Tribunal.
e) Civil application stands disposed off accordingly.
JUDGE Basavraj G Patil 2/2