United India Insurance Company ... vs Shri Vijay Parmanand Pancholi And ...
2017 Latest Caselaw 6277 Bom

Sherla V.
                 This Order is modified/corrected by Speaking to Minutes Order dated 15/09/2017

                                                                                        fa.775.2017_526.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                            CIVIL APPLICATION NO.2361 OF 2017
                                            IN
                               FIRST APPEAL NO.775 OF 2017
                                          with
                            CIVIL APPLICATION NO.2361 OF 2017

            United India Insurance Co. Ltd.                                 ... Applicant/
                                                                                Appellant

                     Vs.

            Shri Vijay P. Pancholi & Ors.                                   ... Respondents

            Mr.Nikhil Mehta i/b KMC Legal Ventures for the Appellant

                                                CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: AUGUST 16, 2017 P.C. :

1. Upon urgent mentioning, taken on Production Board.

2. By the Civil Application, the applicant / insurance Company

seeks stay to the operation and execution of the impugned

judgement and award dated 11.1.2017 passed by the Motor

Accident Claims Tribunal, Mumbai, in MACP No.2625 of 2009, 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.

This Order is modified/corrected by Speaking to Minutes Order dated 15/09/2017

fa.775.2017_526.doc

3. In view of the above, issue notice to the respondents,

returnable on 11.10.2017. Till then, there shall be an ad-interim

stay to the operation and execution of the impugned judgement

and award dated 11.1.2017 subject to the applicant depositing in

the MACT, Mumbai, 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.

4. S.O. to 11.10.2017.

(MRIDULA BHATKAR, J.)