The New India Assurance Co. Ltd. Thr.Divisional Officer, Thr. Mumbai Legal Hub v. Vijaya Pratap Shelke And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3547 OF 2025 (for stay) IN FIRST APPEAL (ST) NO.32351 OF 2024 The New India Assurance Company Limited .. Applicant

Versus

Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2025.07.15 13:21:07 +0530 Vijaya Pratap Shelke & Ors.

.. Respondents UTKARSH KAKASAHEB BHALERAO Mr.Devendranath Joshi, Advocate for the Applicant. Mr.Pritesh Bohade, Advocate for Respondents.

CORAM

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

DATE : JULY 11, 2025 P. C.

1.

The above Interim Application is filed seeking a stay of the operation, implementation and execution of the Impugned Award dated 30th November 2023 passed by the Motor Accident Claims Tribunal, Nashik in M.A.C.P.No.756 of 2015.

2.

In the above Interim Application an order was passed on 13th March 2025 directing that the award amount along with accrued interest shall be deposited with the Registry within 3 weeks from 13th March 2025. Subject to depositing this amount, the execution proceedings were to be stayed. It is not in dispute before us that the order dated 13th March 2025 has been duly complied with and the award amount along with accrued interest has been deposited with the Registry of this Court.

3.

In these circumstances, we allow the above Interim Application in terms of prayer clause (a) which reads thus:- "(a) Pending the hearing and final disposal of the First Appeal, this Honourable Court, by an Award of stay, may kindly stay the operation, implementation and execution of the impugned Award dated 30/11/2023 passed by the Motor Accident Claims Tribunal Nashik in M.A.C.P. No.756 of 2015;"

4.

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

5.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]