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Bombay High CourtIA/12816/2024dismissed

Reliance General Insurance Co.Ltd., Mumbai v. Suryoday Subhash Chandra And ORS.

2024-09-26Dr.M.S. Deshpande, Registrar (Judicial - Ii)2 pages

Seema P8-FAst 23868 of 2024 spm.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL FIRST APPEAL (ST) NO. 23868 OF 2024 ALONGWITH INTERIM APPLICATION (ST) NO. 23869 OF 2024 (FOR DELAY) ALONGWITH INTERIM APPLICATION (ST) NO. 23870 OF 2024 (FOR STAY) Reliance General Insurance Co. Ltd.

...Appellant vs.

Suryoday Subhash Chandra and Ors.

...Respondents

***** Mr. Sarthak Diwan i/by Mr.

Akshay Kulkarni Advocate for the Appellant ***** CORAM :

S. M. MODAK, J.

DATE :

26th SEPTEMBER 2024 P. C. :- 1.

Not on board. Taken on board by way of Praecipe. 2.

Heard learned Advocate for the Appellant-Insurance Company. 3.

There is an award passed by the Motor Accident Claims *Order modified as per Speaking to Minutes dated 01.10.2024. 1/2

Seema P8-FAst 23868 of 2024 spm.doc Tribunal, Mumbai* on 22.11.2022. There is a delay in filing an appeal. Issue notice to Respondents in delay condonation application as well as proposed appeal returnable on 21st November 2024. 4.

Matter be kept on 21st November 2024.

INTERIM APPLICATION (ST) NO. 23870 OF 2024 (FOR STAY) 5.

Already executing Court has issued attachment warrant. Stay is granted to the said warrant and further execution subject to deposit of awarded amount alongwith interest within a period two weeks from today before the Motor Accident Claims Tribunal, Mumbai*. 6.

Claimants are permitted to withdraw 50% of the deposited amount alongwith interest on furnishing a usual undertaking. 7.

This stay is granted only on assumption that attachment warrant is not executed till this time.

8.

Accordingly, interim application is disposed of. [S. M. MODAK, J.] *Order modified as per Speaking to Minutes dated 01.10.2024. 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 07/10/2024 11:46:41