The National Insurance Co. Ltd. Mumbai v. Mr. Mohammad Amin Garibullah Khan And ORS.

2024:BHC-AS:30496 33-IA-11007-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11007 OF 2024 IN FIRST APPEAL NO.1246 OF 2024 The National Insurance Co. Ltd. Mumbai ...Applicant

Versus

Mr. Mohammad Amin Garibullah Khan And Ors.

...Respondents

------ Adv. Jay D. Gupta i/b Dinesh b. Gupta for the Applicant. Adv. Manisha Devkar and Shankar Katkar for Respondent No. 1. ------ Coram : Sharmila U. Deshmukh, J.

Date : July 30, 2024.

P. C. :

1.

At the outset, learned counsel for the Applicant seeks leave to correct the date of judgment and award dated 8th February, 2024. Leave as prayed is granted. Amendment to be carried out forthwith. 2.

Interim Application has been preferred for stay of the impugned judgment and award dated 8th February, 2024 directing the Applicant to pay an amount of Rs.4,52,700/- along with accrued interest at the rate of 12% p.a. from the date of accident till realization. 3.

Learned counsel for the Applicant submits that the principle amount along with accrued interest has been deposited before the Commissioner. He points out page No. 24A of the appeal memo which is receipt of the deposit.

Harish 1 of

33-IA-11007-2024.doc 4.

In view of the deposit of the entire decretal amount along with interest, the execution of the judgment and award dated 8th February, 2024 is stayed. Liberty to Respondent to file Application for withdrawal of the said amount.

5.

Interim Application is allowed.

[Sharmila U. Deshmukh, J.] Harish 2 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 02/08/2024 12:09:53