Bombay High Court
Sbi General Insurance Co. Ltd vs Radheshayam Pal S/O Ram Sajvan Pal on 19 January, 2021
Bench: P. K. Chavan
8-IA-ST-92933-2020.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION [STAMP] NO.92933 OF 2020
IN
FIRST APPEAL [STAMP] NO.92913 OF 2020
SBI General Insurance Co. Ltd. ] Applicant
Vs.
Radheshayam Pal S/o Ram Sajvan Pal ]
and others. ] Respondents
.....
Ms. Shalini Shankar, for Applicant.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 19th JANUARY, 2021.
P.C:
1. This is an application seeking stay to the execution and
implementation of the Judgment and Award dated 16th January,
2020 passed by the learned Member, Motor Accident Claims
Tribunal, Mumbai in M.A.C.P No.489 of 2017.
2. Heard learned Counsel for the applicant.
3. Learned Counsel appearing for the applicant undertakes to
deposit entire amount of compensation with interest in M.A.C.T,
Mumbai within six weeks from today. Undertaking is accepted.
Digitally signed by
Shailaja S. Shailaja S. Halkude
1 of 3
Halkude Date: 2021.01.21
13:13:42 +0530
8-IA-ST-92933-2020.doc
4. In view of the undertaking tendered 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. If the applicant fails to deposit the entire amount within six
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. 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
shall 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 If 50% amount is withdrawn by the respondents, balance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
8-IA-ST-92933-2020.doc
10. The application stands disposed of.
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
