The New India Assurance Co. Ltd. ... vs Avinash @ Kanchan Panditarao Jape ...
2021 Latest Caselaw 17882 Bom

                                                      19-IA4240-19INRC586-2018-STAY.DOC

                                                                                 Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO. 4240 OF 2021
                                                    IN
                                      REJECTED CASE NO. 586 OF 2018

                      The New India Assurance Co. Ltd.                   ...Applicant/
                                                                             Appellant
                                         Versus
                      Avinash @ Kanchan Panditrao Jape & ors.          ...Respondents

SANTOSH               Mr. Devendranath Joshi, for the Applicant/Appellant.
SUBHASH
KULKARNI              None for the Respondents.
Digitally signed by
SANTOSH SUBHASH
KULKARNI                                         CORAM:    N. J. JAMADAR, J.

Date: 2021.12.22 19:21:39 +0530 DATED : 22nd DECEMBER, 2021 PC:-

1. Heard Mr. Joshi, the learned Counsel for the applicant/

appellant.

2. The learned Counsel for the applicant submits that the

appeal was dismissed by order dated 5th April, 2018 for non-

removal of office objection in the nature of non deposit of the

court-fees, within time.

3. The learned Counsel invites the attention of the Court to

the challan (Exhibit-1) annexed to the application, which

indicates that the court-fee was deposited on 4th April, 2018.

4. The learned Counsel for the applicant further submits

that the applicant is ready and willing to deposit the entire

amount of compensation along with interest accrued thereon in

19-IA4240-19INRC586-2018-STAY.DOC

terms of the impugned judgment and Award in MACP

No.32/2013, dated 13th April, 2017, passed by the learned

Member, MACT, Pune.

5. In view of the aforesaid submission and grounds raised in

the instant application, which prima facie, appears to carry

some substance, it may be expedient to issue notice to the

respondents and grant ad-interim stay to the execution,

operation and implementation to the impugned judgment and

award in MACP No.32/2013, dated 13th April, 2017, passed by

the learned Member, MACT, Pune, subject to deposit of the

amount.

6. Issue notice to the respondents, returnable on 3 rd

February, 2022.

7. In addition to the notice through Court, the applicant is at

liberty to serve the respondents by way of private service and

file affidavit of service.

8. In the meanwhile, there shall be ad-interim stay to the

execution, operation and implementation of the Award in MACP

No.32/2013, dated 13th April, 2017, passed by the learned

Member, MACT, Pune, subject to deposit of entire amount of

compensation alongwith the interest accrued thereon in terms

of the impugned award, before the Tribunal on or before 7 th

19-IA4240-19INRC586-2018-STAY.DOC

January, 2022. In the event of default, this order shall stands

vacated automatically.

[N. J. JAMADAR, J.]