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Bombay High CourtIA/12729/2024disposed off

The New India Assurance Co. Ltd. Thr. Mumbai Legal Hub v. Arun Kashiram Sawant (Died During Pendency Of The Claim Petition Before The Tribunal) Lrs. Atulya

2025-12-02Hon'Ble Ms Justice Aarti A. Sathe2 pages

19 IA 1528-24.DOC LAXMI SUBHASH SONTAKKE LAXMI SUBHASH SONTAKKE Date: 2025.12.02 18:07:46 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12729 OF 2024 IN FIRST APPEAL NO. 1528 OF 2024 The New India Assurance Co. Ltd.

...Applicant

Versus

Arun Kashiram Sawant (since deceased) through legal heir Atulya Arun Sawant & Anr.

...Respondents

_______ Mr. Devendranath Joshi for the Applicant.

Ms. Manvi Sharma i/b. Harshad Sathe for the Respondents. _______

CORAM:

AARTI SATHE, J.

DATE:

2nd DECEMBER 2025 P.C.

1.

This Interim Application had come up before this Court on 5th October 2021 wherein following order was passed by this Court : "1. ...

...

...

2.

...

...

...

3.

In view of the aforesaid statement, there shall be ad-interim stay to the execution, operation and implementation of the judgment and award dated 30th January 2020 in MACP No. 456 of 2013 passed by the learned Member, MACT, Thane subject to deposit of the entire amount of compensation along with interest accrued thereon, within a period of four weeks from today.

2.

Today when the matter was called out learned counsel for the Appellant/Applicant has on instructions submitted that the Appellant/Applicant has deposited the entire decretal amount of Rs.18,44,400/- in the Tribunal. Laxmi

19 IA 1528-24.DOC 3.

In view thereof, since the decretal amount has been deposited in the Tribunal, this Interim Application is disposed of in terms of prayer clause (a). The effect and operation of the judgment and order dated 30th January 2020 passed by the Member, Motor Accident Claims Tribunal, Thane in M.A.C.P No.456 of 2013 shall stand stayed.

4.

Interim Application is disposed of.

(AARTI SATHE, J.) Laxmi