The New India Assurance Co. Ltd vs Charuhas Shantaram Hadkar And Anr
2021 Latest Caselaw 17087 Bom

                                                     9-IA3877-2021 IN FAST98779-2020.DOC




                        AGK

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                 INTERIM APPLICATION NO. 3877 OF 2021
                                                       IN
                                    FIRST APPEAL ST. NO. 98779 OF 2020


                        The New India Assurance Co. Ltd.                   ...Appellant/
                                                                               Applicant
                                 Versus
                        Charuhas Shantaram hadkar & Anr                  ...Respondents


                        Ms. Deepika P., i/b Res Juris, for the Appellant/Applicant.
                        Mr. Vidyarthi Saumen, for Respondent No. 1.


                                              CORAM: Smt. Bharati Dangre, J.

                                              DATED:     8th December 2021


                        P.C.:-

1. By the present Application, the Appellant/Applicant seek stay to the execution and operation of the impugned judgment assailed in Appeal. Since the Appellant has good case on merits, the judgment under challenge is stayed, Digitally signed by subject to the condition that the Appellant deposit the entire ATUL ATUL GANESH GANESH KULKARNI decretal amount along with interest awarded at the rate of 8% KULKARNI Date:

2021.12.09 11:00:23 to be calculated till 30.11.2021, within a period of six weeks +0530

9-IA3877-2021 IN FAST98779-2020.DOC

before the Motor Accident Claims Tribunal, Mumbai.

2. Needless to state that failure to deposit the amount, will afford an opportunity to the Claimant to seek execution of the impugned judgment.

Upon the amount being deposited, the Claimant is at liberty to take up a separate application for withdrawal of the amount.

3. The Interim Application is disposed of in these terms.

(Smt. Bharati Dangre, J.)