Zurich Kotak General Insurance Co. (India) Ltd. Known As Kotak Mahindra General Insurance Com. Ltd. v. Sanjay Vrajlal Jhaveri And ORS.

2024:BHC-AS:43104

505. IA 14258 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14258 OF 2024 (FOR DELAY) ALONGWITH INTERIM APPLICATION NO. 14260 OF 2024 (FOR STAY) IN CIVIL FIRST APPEAL (ST) NO. 31279 OF 2024 Zurich Kotak General Insurance Co. (India) Ltd. Known as Kotak Mahindra General Insurance Co. Ltd.

...Applicant vs.

Sanjay Vrajlal Jhaveri and Ors.

...Respondents

***** Mr. Sarthak S. Diwan Advocate for the Applicant ***** CORAM :

S. M. MODAK, J.

DATE :

24th OCTOBER 2024 P. C. :- 1.

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

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

There is an award passed by the Motor Accident Claims Tribunal, Mumbai on 16.07.2024. There is a delay in filing an appeal. 4.

Issue notice to Respondents in delay condonation application as Seema 1/2

505. IA 14258 of 2024.doc well as proposed appeal returnable on 09th January 2025. 5.

Matter be kept on 09th January 2025.

INTERIM APPLICATION NO. 14260 OF 2024 (FOR STAY) 6.

Stay is granted to the execution of the award and decree subject to deposit of decreetal amount alongwith interest within a period of eight weeks from today before the Motor Accident Claims Tribunal, Mumbai.

7.

The Claimants/Respondent Nos. 1 and 2 are permitted to withdraw 40% alongwith interest on furnishing a usual undertaking. 8.

Accordingly, interim application is disposed of. [S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 05/11/2024 15:10:36