Sbi General Insurance Co. Ltd vs Bhimrao Jagannath Yadav
2021 Latest Caselaw 1276 Bom

                                                                                            9-IA-47-2020.doc


                         Shailaja
                                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                                  CIVIL APPELLATE JURISDICTION
                                                                INTERIM APPLICATION NO.47 OF 2021
                                                                               IN
                                                            FIRST APPEAL [STAMP] NO.92937 OF 2020
                         SBI General Insurance Co. Ltd.                                ]    Applicant
                                          Vs.
                         Bhimrao Jagannath Yadav 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 31 st December, 2019 passed by the learned Member, Motor Accident Claims Tribunal, Baramati in M.A.C.P No.69 of 2016.

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, Baramati within four weeks from today. Undertaking is accepted.

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.

Shailaja S. Halkude Digitally signed by Shailaja S. Halkude Date: 2021.01.21 13:06:06 +0530 1 of 3 9-IA-47-2020.doc

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, ad-interim relief shall stand vacated without further reference to the Court.

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 appellant 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 respondents 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.

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.

10. The application stands disposed of.

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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.]

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