Bajaj Allianz General Insurance ... vs Mr. Balaram Laxman Chitnis And Ors
2021 Latest Caselaw 1024 Bom

                                                                                           14-IA-964-2020.doc


                            Shailaja
                                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                           CIVIL APPELLATE JURISDICTION
                                                       INTERIM APPLICATION NO.964 OF 2020
                                                                          IN
                                                           FIRST APPEAL NO.295 OF 2020


                            Bajaj Allianz General Insurance                    ]
                            C. Ltd.                                            ]      Applicant
                                                Vs.
                            Balaram Laxman Chitnis and others.]                       Respondents
                                                             .....
                            Mr. Devendranath S. Joshi, for Applicant.
                            Ms. Varsha Chavan, for Respondents No.1 to 4.
                                                            .....

                                                                      CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                                       DATE        : 15th JANUARY, 2021.

                            P.C.

1. This is an application seeking stay to the execution and implementation of the Judgment and Award dated 26 th September, 2019 passed by the Motor Accident Claim Tribunal, Mumbai in M.A.C.P No.437 of 2014.

2. Heard learned Counsel for the applicant/insurer.

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

Shailaja S. Digitally signed by Shailaja S.

              Halkude

Halkude       Date: 2021.01.18 14:49:51
              +0530




                                                                                                                1 of 3
                                                 14-IA-964-2020.doc

4. In view of the undertaking rendered by the learned Counsel for the applicant, there shall be ad-interim relief in terms of prayer clause (a), subject to deposit of the amount as above.

5. After depositing the amount, the applicant shall inform the respondents-claimants about the said factum within one week.

6. If the applicant fails to deposit the entire amount within four weeks, respondents-claimants are at liberty to execute the Award forthwith.

7. The respondents are 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 succeeds in the appeal, the respondents 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 do not file 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.

9. If 50% amount is withdrawn by the respondents, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

2 of 3 14-IA-964-2020.doc

10. S.O to 23rd February, 2021.

11. This order will be digitally signed by the Personal Assistant of this Court. All concerned shall act on production by fax or e- mail of a digitally signed copy of this order.

[PRITHVIRAJ K. CHAVAN, J.]

3 of 3