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Bombay High CourtIA/176/2025disposed off

M/S. The Oriental Ins. Co. Ltd. Kolhapur v. Puja Satish Chougule And ORS.

2025-07-25Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

27-176-2025-IA=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 176 OF 2025 IN FIRST APPEAL (ST.) NO. 32012 OF 2024 Oriental Insurance Co. Ltd.

.. Applicant Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.07.28 11:12:23 +0530 UDAY SHIVAJI JAGTAP

Versus

Puja Satish Chougule and Ors.

.. Respondents Mr. Devendranath Joshi, Advocates for the Applicant. Mr. Avesh A. Ghadge i/b Akshay A. Kulkarni, Advocates for Respondent Nos. 4 and 5.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

JULY 25, 2025.

P. C.

1.

The above Interim Application is filed seeking a stay of the operation, implementation and execution of the impugned Judgment and Award dated 30th April 2024 passed by the Motor Accident Claims Tribunal, Kolhapur in M.A.C.P. No. 63 of 2018.

2.

In the above Interim Application, there was an order passed on 8th January 2025 wherein the operation, implementation and execution of the JULY 25, 2025 Uday S. Jagtap

27-176-2025-IA=.doc impugned Judgment and Award was stayed, subject to Applicant / Appellant depositing in the Court the award amount along with the interest @ 6% p.a. from the date of the claim Petition. It is common ground before us that the entire award amount alongwith 6% interest has been deposited in this Court. 3.

In these circumstances, the above Interim Application is allowed in terms of prayer clause (a), which reads thus :- "(a) Pending the hearing and final disposal of the appeal, this Honourable Court, by an Award of stay, may kindly stay the operation, implementation and execution of the impugned Award dated 30/04/2024 passed by the Motor accident Claims Tribunal Kolhapur in M.A.C.P. No.63 of 2018;"

4.

The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JULY 25, 2025 Uday S. Jagtap