The New India Assurance Co.Ltd. ... vs Mr.Hanumant Keshav Jadhav And Ors
2021 Latest Caselaw 2602 Bom

                                                                     25-IA-1893-2020.doc


               Shailaja


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                    INTERIM APPLICATION NO.1893 OF 2020
                                                    IN
                                         FIRST APPEAL NO.5 OF 2021


               The New India Assurance Co. Ltd.             ]
               through it's Branch Manager                  ]    Applicant
                          Vs.
               Hanumant Keshav Jadhav and others.           ]    Respondents
                                               .....
               Ms. Deepika Prabhala i/b Res Juris, for Appellant.

               None for Respondents.
                                                   .....
                                                 CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 9th FEBRUARY, 2021.

P.C:

1. Heard learned Counsel for the applicant.

2. Learned Counsel for the applicant submits that the respondents-original claimants have initiated execution proceedings before M.A.C.T, Pune and the next date is 2 nd March, 2021. She, therefore, prays for stay of execution, implementation and operation of the judgment and award dated 17 th July, 2019 passed by the learned Member, M.A.C.T, Pune in M.A.C.P No.153 of 2013.

              Digitally signed by                                                      1 of 3
Shailaja S.   Shailaja S. Halkude

Halkude       Date: 2021.02.11
              18:30:03 +0530
                                                  25-IA-1893-2020.doc

3. Learned Counsel for the applicant-insurer undertakes to deposit entire amount of compensation with accrued interest in M.A.C.T, Pune within four weeks from today. Undertaking is accepted.

4. In view of the undertaking, there shall be ad-interim relief in terms of prayer clause (b), subject to deposit of the amount as above.

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

6. After depositing the amount, the applicant shall inform the respondents-claimants about the factum of deposit within one week.

7. Respondents No.1 and 2 are at liberty to withdraw 50% of the amount that would be deposited by the applicant-insurer before the concerned M.A.C.T upon furnishing an undertaking within one week that if the applicant-insurer succeeds in the appeal, they 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 respondents No.1 and 2 do not file 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

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deposit of a Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

9. If 50% amount is withdrawn by respondents No.1 and 2, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

10. Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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