Divisional Manager, Future ... vs Avtar Uttam Tayade And 2 Others
2021 Latest Caselaw 17465 Bom

                                           1                                    151221fa137.21.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             : NAGPUR BENCH : NAGPUR.

                                FIRST APPEAL NO. 137 OF 2021
               DIVL. MANAGER, FUTURE GENERAL INDIA INSURANCE CO. LTD.
                                      VERSUS
                          AVTAR UTTAM TAYADE AND OTHERS
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. Amit M. Kukday, Advocate for the appellant.
                          Mr. Ved Deshpande, Advocate for respondent no.1.

                                  CORAM : V. M. DESHPANDE, J.

DATE : DECEMBER 15, 2021.

1. Heard Mr. Amit Kukday, learned counsel for the appellant.

2. ADMIT.

3. Call for the record and proceedings.

4. Mr. Ved Deshpande, learned counsel waives service for the respondent no.1.

Civil Application (CAF) No. 256 of 2021

1. This is an application filed by the appellant for grant of stay.

2. It is the statement made by Mr. Kukday, learned counsel for the appellant that the appellant has deposited the entire decretal amount of Rs.3,02,188/- before this Court and he tenders a pursis across the bar, which is taken on record and marked as "Exhibit-X" for the purposes of identification.

3. In view of the pursis and the statement made by the learned counsel for the appellant, there shall be stay to 2 151221fa137.21.odt

the execution of the judgment and award passed by the Motor Accident Claims Tribunal, Akola in Claim Petition No. 86/2016, dated 28.02.2020.

4. The civil application is allowed and disposed of. No order as to costs.

5. Needless to mention the original claimants will be at liberty to file appropriate application for withdrawal of the amount.

JUDGE Diwale

Digitally signed byPARAG PRABHAKARRAO DIWALE Signing Date:16.12.2021 11:24