The General Manager, Bombay Electric Supply And Transport Undertaking v. Vishwesh Hasmukh Shah Through His Wife Next Friend And Guardian Mrs. Jagrulben Vishwesh Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2024.07.18 10:47:28 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE INTERIM APPLICATION NO.8007 OF 2024 IN FIRST APPEAL (ST.) NO.11556 OF 2024.

The General Manager, Bombay Electricity Supply & Transport Undertaking .. Applicant / Appellant

Versus

Vishwesh Hasmukh Shah .. Respondent Mr.Pralhad Paranjpe a/w Ms.Aparajita Mahto, Ms.Krushika Udeshi i/b Mr.Sagar Shetty, Advocate for the Applicant / Appellant. Mr.Bharat Gadhavi a/w Mr.Sarvesh Deshpande, Mr.Ankit Shitole i/b Mr.Surendra Sonawane, Advocate for Respondent.

CORAM:

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

DATE:

P. C.

1.

The above Interim Application is filed seeking a stay of the impugned Judgement and Order passed by the Motor Accident Claims Tribunal, Mumbai dated 19th October 2023. By the impugned Order, the

Appellant has been directed to pay a sum of Rs.2,29,62,100/- (Rupees Two Crores Twenty Nine Lakhs Sixty Two Thousand One Hundred Only) to the Respondent, as and by way of compensation.

2.

When the above Interim Application had come up earlier, this Court, on 2nd May 2024, passed an Order that subject to the Applicant depositing an amount of Rs.1,50,00,000/- (Rupees One Crores Fifty Lakhs Only) with the Motor Accident Claims Tribunal, Mumbai within a period of six weeks from that date, the execution of the impugned Award dated 19th October 2023 shall remain stayed until further orders. 3.

We are informed today that the amount of Rs.1,50,00,000/- has in fact been deposited with the Motor Accident Claims Tribunal, Mumbai. In these circumstances, until further orders, the execution of the impugned Award dated 19th October 2023 shall remain stayed. 4.

Interim Application No.8007 of 2024 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.]