United India Insurance Co. Ltd. v. Smt. Sunita Shivaji Sawant And ORS.

37(2) IA-16212-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date: 2025.03.20 10:34:08 +0530 HUSENBASHA RAHAMAN NADAF INTERIM APPLICATION NO.16212 OF 2023 WITH FIRST APPEAL ST. NO.24123 OF 2023 United India Insurance Co. Ltd.

... Applicant Vs.

Smt. Sunita Shivaji Sawant & Ors.

...Respondents

*** Ms. Varsha Chavan (through V.C.), for the Applicant/Appellant. Mr. Sudhakar G. Thorat for the Respondent Nos.1 to 3. *** CORAM : M.M. SATHAYE, J.

DATE : 19th MARCH, 2025 P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application for stay of the impugned judgment and award. Office note shows that Respondent Nos. 1 to 3 are served. It is further indicated in the office-note that the Applicant/Insurance Company has deposited the amount in the Motor Accident Claims Tribunal, Kolhapur.

3.

Considering that the amount is deposited, the application is allowed in terms of prayer clause (a), which reads as under: "a) That pending the hearing and final disposal of this appeal, the implementation and/or the execution of the judgment and award dated 31st March, 2023, passed by Hon'ble Mr. H.A.S. Mulla, Member, MACT - Kolhapur in MACT application No. 79 Husen

37(2) IA-16212-2023.doc of 2018 be kindly stayed."

4.

The Respondents / Claimants' withdrawal application will be decided on its own merits.

(M.M. SATHAYE, J.) Husen