Chola Mandalam M S Gen Insu Co Ltd v. Sarlabai Subhash Patil And ORS

6-sr914.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 FIRST APPEAL NO. 2334 OF 2025 Chola Mandalam M S Gen Insu Co Ltd

VERSUS

Sarlabai Subhash Patil And Ors WITH CIVIL APPLICATION NO. 9865 OF 2025 IN FA/2334/2025 ---- Mr.A.S.Osmanpurkar, Advocate for appellant ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 12 2025 ORDER :- Being aggrieved by the judgment and award passed by learned Member, Motor Accident Claims Tribunal, Beed, in MACP No.107/2024, the appellant has preferred present First Appeals. 2.

Issue notice to the respondents, returnable after six weeks. Call Record and proceedings.

3.

The matter be listed after service of notice is complete. In the meantime, applicant/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

4.

Office objections be removed within two weeks, failing which the matter shall stand dismissed automatically without reference to the court.

6-sr914 C.As. for Stay :- 5.

Being aggrieved by the judgment and award passed by learned Member, Motor Accident Claims Tribunal, Beed, in MACP No.107/2024, the appellants have preferred present First Appeals. These applications are for grant of stay.

6.

The applicant submits that there is strong hope of success in the appeal. That, during pendency of the First Appeal, if execution and operation of the impugned judgment and award is not stayed, the very purpose of the appeal shall stand frustrated. 7.

Considering this, execution and operation of the impugned judgment and award is stayed till returnable date, on condition that the applicant/appellant deposits the entire payable decretal award amount in this court till the returnable date. 8.

Issue notice to the respondents.

9.

The matter be listed after service of notice is complete. In the meantime, applicant/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

[AJIT B. KADETHANKAR, J.] KBP