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Bombay High CourtCAF/641/2014disposed off

The New India Assurance Co. Ltd., v. Shri. Rajendra Ravindra @Ravikant And ANR

2015-04-10Hon'Ble Shri Justice K.K. Tated2 pages

7.641.14­caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.641 OF 2014 IN FIRST APPEAL NO.696 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. H. G. Misar for the Applicant Mr. S. G. Thorat for Respondent No.1 Mr. Tushar Pimpale for the Respondent Nos.2 and 3.

CORAM : K. K. TATED, J.

DATE : APRIL 10, 2015 P.C.:

1.

Heard. This Application is preferred by the Insurance Co. for stay of the operation and implementation of the impugned judgment and award dated 15/04/2013 passed by the learned Member, MACT, Jaisingpur in MACP No.43/2009.

2.

Office note shows that the Applicant has deposited the awarded amount in the Tribunal. 3.

In the present proceedings, the Respondent­ claimant preferred Civil Application No.3574/2014 for withdrawal of the amount which will be decided on merits.

Basavraj G Patil 1/2

7.641.14­caf 4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, following order is passed:

a.

The operation and implementation of the impugned judgment and award dated 15/04/2013 passed by the learned Member, MACT, Jaisingpur in MACP No.43/2009 is stayed.

b.

The Tribunal is directed to invest the entire decretal amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and the same shall be renewed from time to time till hearing and final disposal of the appeal. c.

Civil Application No.3574/2014 filed by the Respondent­claimant will be decided on merits. d.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2