The New India General Insurance Co ... vs Shaheda Naim Pirjade And Ors
2021 Latest Caselaw 6075 Bom

                                                            12-IA-ST-93995-2020.doc


Shailaja
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
            INTERIM APPLICATION [STAMP] NO.93995 OF 2020
                                       IN
                   FIRST APPEAL [STAMP] NO.93981 OF 2020
Divisional Manager                          ]
The New India General Insurance             ]
Co. Ltd.                                    ]      Applicant
           Vs.
Shaheda Naim Pirjade and others. ]                 Respondents
                                  .....
Ms. D. Shalini Shankar, for Applicant.

Mr. Pritesh K. Bohade, for Respondents No.1 and 2.
                                 .....
                              CORAM : PRITHVIRAJ K. CHAVAN, J.

                                    DATE        : 5th APRIL, 2021.
P.C:

1. Not on board. At the request of learned Counsel for the applicant, taken on board.

2. Learned Counsel for the applicant seeks stay to the execution, operation and implementation of the Judgment and Award dated 6th February, 2019 passed by the learned Member, M.A.C.T., Nashik in M.A.C.P No.1254 of 2013 by contending that execution application has been filed by the respondents-claimants before M.A.C.T., Nashik. She submits that the appellant has a good case on merits and if execution is not stayed, the purpose of filing the appeal would be frustrated.

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12-IA-ST-93995-2020.doc

3. The learned Counsel, on instructions, makes a statement that the entire amount of Award with accrued interest will be deposited in M.A.C.T, Nashik within four weeks from today. Statement is accepted.

4. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a) which reads as under;

(a)Pending the hearing and final disposal of the present first Appeal, this Hon'ble Court be please to stay the effect, implementation and or execution of the impugned Judgment and order dated 06/02/2019 passed by the Hon'ble Court of Member, in Motor Accident Claim Petition No.1254 of 2013".

5. It is made clear that if the amount as stated above, is not deposited within four weeks from today, ad-interim relief shall stand vacated, without further reference to the Court.

6. The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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