The New India Insurance ... vs Shri.Ganesh Gangaram Bomble And ...
2017 Latest Caselaw 6249 Bom

Sherla V.



                                                                        caf.2362.2017+_537.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                               CIVIL APPLICATION NO.2362 OF 2017
                                               IN
                               FIRST APPEAL ST. NO.23117 OF 2017
                                              A/W
                               CIVIL APPLICATION NO.2363 OF 2017
                                               IN
                               FIRST APPEAL ST. NO.23117 OF 2017

            The New India Assurance Co. Ltd.                    ... Applicant/Appellant

                    Vs.

            Gangaram V. Bomble & Ors.                           ... Respondents


            Mr.Milind More for the Applicant/Appellant
            None for Respondents

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. Civil Application No.2362 of 2017 is filed for condonation of

delay of 83 days in preferring the appeal. Issue notice to the

respondents, returnable on 27.9.2017.

CIVIL APPLICATION NO.2363 OF 2017:-

3. By this Civil Application, the applicant / insurance Company

seeks stay to the operation and execution of the impugned

caf.2362.2017+_537.doc

judgement and award dated 4.2.2017 passed by the Motor Accident

Claims Tribunal, Pune, in MACP No.343 of 2014, 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 4.2.2017 subject to the applicant depositing in the MACT,

Pune, 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.)