Bombay High Court
Iffco Tokio General Ins. Co.Ltd vs Minaxi Alias Minakshi Mohanlal ... on 21 January, 2021
Bench: P. K. Chavan
8-IA-4254-2019.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4254 OF 2019
IN
FIRST APPEAL NO.287 OF 2020
IFFCO TOKIO General Insurance Co. Ltd. ] Applicant
Vs.
Minaxi Alias Minakshi Mohanlal Pancholi ]
and another. ] Respondents
.....
Ms. Deepika Prabhala i/b Res Juris, for Applicant.
None for Respondents.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 21st JANUARY, 2021.
P.C.
1. A praecipie is moved by the applicant-insurer as Member,
M.A.C.T, Thane has listed the matter for issuing warrant of
attachment against the Insurance Company. The applicant has,
therefore, sought interim stay to execution and implementation of
warrant of attachment.
2. M.A.C.T, Thane by a Judgment and Award dated 8 th July,
2019 in M.A.C.P No.360 of 2014 awarded compensation in a sum
of Rs.34,49,700/- with interest @ 8% p.a from the date of
application till its realisation.
Shailaja S. Digitally signed by Shailaja S.
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Halkude
Halkude Date: 2021.01.25 11:34:48 +0530
8-IA-4254-2019.doc
3. The learned Counsel makes a statement that an amount of
Rs. 50,00,756/- (including interest) has been deposited with
Member, M.A.C.T, Thane, under protest. A photostat copy of the
application moved before the M.A.C.T, Thane is tendered on
record. It reveals that the Insurance Company had deposited the
cheque. Whether the cheque has been realised or otherwise is
required to be ascertained, however, statement made by the
learned Counsel is accepted. Therefore, there shall be ad-interim
relief in terms of prayer clause (b). If it is noticed that the cheque
in question had not been realised, ad-interim relief shall stand
vacated automatically without further reference to the Court.
4. After depositing the amount, the applicant shall inform the
respondents-claimants about the factum of deposit within one
week.
5. The respondents are at liberty to withdraw 50% of the
amount 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, the respondents-
claimants shall return the amount with interest at such rate as
would be directed by this Court, depending upon the outcome of
the first appeal.
6. If the respondents do not file an undertaking within the
aforesaid period, the amount 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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8-IA-4254-2019.doc
7. 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.
8. The application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.]
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