United India Insurance Co. Ltd. ... vs Devappa Ramanna Koli And Ors
2021 Latest Caselaw 2509 Bom

                                                                    14-IA-ST-97087-2020.doc


              Shailaja


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                          INTERIM APPLICATION [STAMP] NO.97087 OF 2020
                                                      IN
                                FIRST APPEAL [STAMP] NO.97080 OF 2020


              United India Insurance Co. Ltd., Pune.          ]    Appellant
                         Vs.
              Devappa Ramanna Koli and others.                ]    Respondents
                                              .....
              Mr. Amol Gatne, for the Appellant.

              None for Respondents.
                                                     .....

                                                   CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                   DATE    : 8th FEBRUARY, 2021.

              P.C:

1. A praecipe is moved for seeking stay to the execution, operation and implementation of the impugned Judgment and Award dated 26th September, 2019 passed by the Chairman, M.A.C.T, Pune in M.A.C.P No.755 of 2012, which is likely to be filed by the respondent No.1-claimant in M.A.C.T, Pune.

2. Heard learned Counsel for the applicant-insurer.

3. The learned Counsel for the applicant submits that the entire amount of compensation awarded by the Tribunal with accrued Digitally signed by Shailaja S. Shailaja S. Halkude

Halkude Date: 2021.02.09 12:35:41 +0530 1 of 3 14-IA-ST-97087-2020.doc

interest shall be deposited within four weeks from today. Statement is accepted.

4. In view of the statement made by learned Counsel for the applicant, there shall be ad-interim relief in terms of prayer clause

(a).

5. If the applicant fails to deposit the entire amount within four weeks, ad-interim relief shall stand vacated automatically, without further reference to the Court.

6. After depositing the amount, the applicant shall inform the respondent No.1-claimant about the factum of deposit within one week.

7. Respondents No.1-claimant is at liberty to withdraw 50% of the amount that would be deposited by the applicant before the concerned M.A.C.T upon furnishing an undertaking within one week that if the applicant-insurer succeeds in the appeal, he will return the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

8. If respondent No.1-claimant does not file an undertaking within the aforesaid period, the amount that would be deposited by the applicant-insurer shall be invested by the M.A.C.T in the fixed deposit of a Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

2 of 3 14-IA-ST-97087-2020.doc

9. If 50% amount is withdrawn by respondent No.1-claimant, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

10. The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

3 of 3