The Manager, Sbi General Insurance Company Ltd. v. Smt. Anju Shrichand Rohira And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 436 OF 2019 IN FIRST APPEAL NO. 131 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Nikhil Mehta I/b KMC Legal Venture for the Applicant.

CORAM: K.K.TATED, J.

DATED : 03/09/2019 P.C.

Heard learned Counsel for the Applicant.

By this Civil Application, the Applicant is seeking stay of the operation and implementation of the Judgment and Award dated 05.05.2018 passed by MACT, Solapur in MACP No. 145 of 2016.

The learned Counsel for the Applicant submits that he received instructions from his client that they are ready and willing to deposit the entire amount with interest within four weeks from today. Statement is accepted.

Considering the submissions made by the learned Counsel for the Applicant and

observations made by the Tribunal and as Applicant is ready and willing to deposit the entire amount in the Tribunal on or before 05.10.2019, I am satisfied that Applicant has made out a case for allowing this Civil Application.

Hence, the following order is passed:

a) Civil Application is allowed in terms of prayer clause (a) on condition that Applicant to deposit the entire awarded amount with interest in the Tribunal on or before 05.10.2019, failing which Civil Application shall stand dismissed without further reference to the Court. Prayer clause (a), reads thus:

"a) That this Hon'ble Court be pleased to stay the execution of Judgment and Award dated 05.05.2018 passed in MACT Application No. 145 of 2016 by Shri. S.S.Jagtap, Member Motor Accident Claims Tribunal @ Solapur for Solapur."

b) If amount is deposited within stipulated time, the Tribunal is directed to invest the amount in fixed deposit of any nationalised bank, initially for a period of one year and same to be continued till further order.

c) Liberty is granted to the Respondents­Claimants, if they so desire, to prefer an appropriate application for

withdrawal of amount and that to be decided on its own merits.

d) Civil Application stands disposed of accordingly.

e) No order as to costs.

(K.K.TATED, J.)