The New India Insurance Company Ltd. v. Smt. Sangita Sachin Shah And ORS.

23.925.14-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.925/2014 in First Appeal (ST) No.35142/2013 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. Tejas Pawar I/b. Bhushan Walimbe for Respondent Nos.1 to 3.

Mr. Ajit Magdum I/b. Tejpal Ingale for Respondent No.6.

CORAM: K.K.TATED, J.

DATED : SEPTEMBER 25, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking stay to the operation and implementation of the judgment and award dated 29.05.2013 passed by the MACT Sangli in MACP No.41/2010.

The learned counsel for the Applicant submits that as per order dated 10.03.2014 passed by this court, they have already deposited the entire amount in the Tribunal. The statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Basavraj G. Patil 1/2

23.925.14-caf.odt Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) pending the hearing and final disposal of the abovesaid First Appeal, the execution, operation and implementation of the impugned judgment and award dated 15.04.2013 passed by the learned Member, MACT, Sangli in MACP No.41/2010 may kindly be stayed."

b.

The Tribunal is directed to invest the 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 amount, if they so desire, which will be decided on its own merits d.

The Civil Application stands disposed of accordingly.

e.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2