Cholamandalam General Insurance Co. Ltd. v. Moumita Madhab Bairagi And ORS.

LSP 1 28 ia 13822.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Interim Application No. 13822 of 2024 In First Appeal (l) No. 16997 of 2023 Cholamandalam General Insurance Co. Ltd.

...

Applicants V/s.

Smt. Moumita Madhab Bairagi and others ...

Respondents.

Mr. Rajesh Kanojia i/b. Res Juris Advocate for the applicants CORAM : S.M. MODAK, J DATE : 17 October 2024.

P.C. :

Heard learned Advocate Kanojia for the appellant-insurance company.

2.

The appeal is dismissed as per the conditional order passed by learned Registrar (Judicial-II) dated 20 February 2024 for not removing office objections. Mr. Kanojia assures that they will be removed within four weeks.

3.

Subject to removal of office objections, the appeal and connected applications stand restored. Interim Application is allowed in terms of prayer clauses (a) and (b).

LSP 2 28 ia 13822.24.doc Interim Application No. 16998 of 2024 In First Appeal (l) No. 16997 of 2023 7.

Issue notice on delay condonation application and proposed appeal, returnable on 12 December 2024.

Interim Application No. 16999 of 2024 (for stay) In First Appeal (l) No. 16997 of 2023 8.

Not on Board. Taken on Board.

9.

Stay is granted to the execution of the Award subject to deposit of awarded amount along with interest within a period of four (4) weeks. The claimants are permitted to withdraw 50% of the awarded amount along with accrued interest on furnishing usual undertaking. 10.

Apportionment be made as per the Award.

11.

Interim Application is disposed of.

(S.M. MODAK, J.)