Sbi General Insurance Co. Ltd vs Sindhu Chandrakant Chaugule And ...
2021 Latest Caselaw 1477 Bom

                                                                     5-IA-43-2021.doc


               Shailaja
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO.43 OF 2021
                                                     IN
                                    FIRST APPEAL [STAMP] NO.93966 OF 2020
               SBI General Insurance Co. Ltd.                ]    Applicant
                          Vs.
               Sindhu Chandrakant Chaugule and others ]           Respondents
                                                .....
               Ms. Shalini Shankar, for Applicant.
                                                .....
                                             CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 21st JANUARY, 2021.

P.C :

1. This is an application seeking stay to the execution and implementation of the Judgment and Award dated 28th January, 2020 passed by the learned Member, Motor Accident Claims Tribunal, Sangli in M.A.C.P No.201 of 2014.

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, Sangli 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.

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Shailaja S.   Digitally signed by
              Shailaja S. Halkude

Halkude       Date: 2021.01.25
              10:41:12 +0530
                                                5-IA-43-2021.doc

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

6. If the applicant fails to deposit the entire amount within four weeks, ad-interim relief shall stand vacated automatically.

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 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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