Sherla V.
caf.4113.2016+_515.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.4113 OF 2016
IN
FIRST APPEAL ST. NO.16412 OF 2016
A/W
CIVIL APPLICATION NO.4114 OF 2016
IN
FIRST APPEAL ST. NO.16412 OF 2016
The New India Assurance Company Ltd. ... Applicant/Appellant
Vs.
Smt.Kanta Rama Diva & Ors. ... Respondents
Ms.Poonam Mittal for the Applicant/Appellant
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: AUGUST 16, 2017 P.C.:
1. Upon urgent mentioning, taken on Production Board.
2. Civil Application No.4113 of 2016 is filed for condonation of delay of 55 days in preferring the appeal. Issue notice to the respondents, returnable on 27.9.2017.
CIVIL APPLICATION NO.4114 OF 2016:-
3. By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned 1/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:58:58 ::: caf.4113.2016+_515.doc judgement and award dated 29.10.2015 passed by the Motor Accident Claims Tribunal, Vasai, in MACP No.109 of 2011, on the ground that execution proceedings have been taken out against the insurance company. The learned Counsel for the Insurance Company submits that the insurance company is ready to deposit the entire decretal amount alongwith interest accrued thereon, within a period of six weeks.
4. In view of the above, issue notice to the respondents, returnable 27.9.2017. Till then, there shall be an ad-interim stay to the operation and execution of the impugned judgement and award dated 29.10.2015 subject to the applicant depositing in the MACT, Vasai, the entire decretal amount alongwith interest accrued thereon, within a period of six weeks from today. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the Motor Accident Claims Tribunal.
5. S.O. to 27.9.2017.
(MRIDULA BHATKAR, J.) 2/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:58:58 :::