Shriram Generalinsurance ... vs Shantabai Nilu Jadhav And Ors
2021 Latest Caselaw 2981 Bom

                                                                         8-IA-319-2021.doc


              Shailaja
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                             INTERIM APPLICATION NO.319 OF 2021
                                                             IN
                                        FIRST APPEAL [STAMP] NO.1089 OF 2021
              Shriram General Insurance Co. Ltd.,                   ]
              Rajasthan, through Manager,                           ]
              Shriram Transport Finance Company Ltd. ]
              Latur, Dist. Latur.                                   ]    Applicant
                          Vs.
              Shantabai Nilu Jadhav and others.                     ]    Respondents
                                               .....
              Mr. Suryajeet P. Chavan h/f Mr. Pandit Kasar, for Applicant.

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

DATE : 15th FEBRUARY, 2021.

P.C.:

1. Learned Counsel for the applicant seeks stay to the execution, operation and implementation of the Judgment and Award dated 4th January, 2020 passed by the learned Member, M.A.C.T, Solapur in M.A.C.P No.38 of 2012 by contending that execution application has been filed by the respondents-claimants before M.A.C.T, Solapur.

2. The learned Counsel, on instructions, makes a statement that the entire amount of Award with accrued interest will be deposited in M.A.C.T, Solapur within four weeks from today. Statement is accepted.

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

Halkude Date: 2021.02.16 17:24:06 +0530 8-IA-319-2021.doc

3. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a).

4. It is made clear that if the amount as stated above, is not deposited within four weeks from today, ad-interim relief shall stand vacated, without further reference to the Court.

5. After depositing the amount under Award, the applicant shall inform the factum of deposit to the respondents-claimants within two weeks thereafter.

6. Learned Counsel for the applicant objects withdrawal of the amount of compensation by the respondents-claimants.

7. The respondents-claimants are at liberty to withdraw 50% of the amount with accrued interest 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, 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 the respondents-claimants do not file an undertaking within the aforesaid period, the amount that would be deposited by the applicant 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.

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9. If 50% amount is withdrawn by the respondents-claimants, 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.]

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