Iffco Tokio General Insurance Co. v. Shri. Baban Shankar Kalyankar And ANR.

69(1)-caf-1723-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1723 OF 2016 IN FIRST APPEAL NO.532 OF 2019 IFFCO TOKIO General Insurance Co. Ltd.

..Appellant V/s.

Baban Shankar Kalyankar & Ors.

.. Respondents ­­­­ Mrs.Varsha Chavan for the Appellant.

Mr.Yuvraj P. Narvankar for the Respondents.

­­­­ CORAM : K.K. TATED, J.

DATE : 30th JULY 2019 P.C.

1.

Heard.

2.

By this Civil Application applicant­insurance company is seeking stay of the operation and implementation of the impugned judgment and award dated 06.12.2014 passed by the MACT, Satara in MACP No.609 of 2010.

3.

The learned counsel appearing on behalf of the applicant submits that they have already deposited the entire awarded amount in Tribunal as per earlier order dated 21.11.2018 N.S. Kamble page 1 of 2

69(1)-caf-1723-2016 passed by this Court. Statement is accepted. 4.

The respondent­claimant preferred Civil Application No.2571 of 2019 for withdrawal of the amount that will be decided on its own merits.

5.

Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, I am satisfied that the applicant has made out a case for allowing Civil Application. Hence, following order:

ORDER

(i) Civil application is allowed in terms of prayer clause (a) which reads thus :­ "(a) That pending the hearing and final disposal of this appeal, the implementation and/or the execution of the Award dated 06.12.2014 passed by Shri.A.P. Raghuvanshi, Member, MACT, Satara in MACT Application No.6609 of 2010 be kindly stayed;"

6.

The Civil Application is disposed of accordingly. No order as to costs.

(K.K. TATED, J.) N.S. Kamble page 2 of 2