Hdfc Ergo General Insurance Co. ... vs Malti Dayanandeo Shinde
2021 Latest Caselaw 923 Bom

                                                                                20.1-IA-56-21.doc


                         Shailaja
                                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CIVIL APPELLATE JURISDICTION
                                                    IINTERIM APPLICATION NO.56 OF 2021
                                                                    IN
                                                   FIRST APPEAL [STAMP] NO.99578 OF 2020
                         HDFC ERGO General Insurance Co. Ltd.              ]    Applicant
                                        Vs.
                         Malti Dayananddeo Shinde and others.              ]    Respondents
                                                           .....
                         Mr. Abhijit Kulkarni, for Applicant.
                         Mr. T.J. Mendon, for Respondent No.2.
                                                           .....
                                                        CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 14th JANUARY, 2021.

P.C.

1. This is an application seeking stay to the execution and implementation of the Judgment and Award dated 18th February, 2020 passed by the learned Member, Motor Accident Claims Tribunal, Mumbai in M.A.C.P No.9 of 2014.

2. Heard learned Counsel for the applicant and respondent No.2.

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.

4. In view of the undertaking rendered by the learned Counsel for the applicant, there shall be ad-interim relief in terms of prayer

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clause (a) of the Interim Application, 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. 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 will return the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

7. 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.

8. 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.

9. If the applicant fails to deposit the amount of Award within four weeks, ad-interim relief granted in terms of prayer clause (a) shall stand vacated automatically without further reference to the Court.

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10. S.O to 11th February, 2021 for compliance.

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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