Reliance General Insurance ... vs Tejashree Ganesh Mamidala And Ors
2021 Latest Caselaw 3969 Bom

Chitra Sonawane                                                        22-IA-474-21.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO.474 OF 2021
                                         IN
                             FIRST APPEAL NO.90 OF 2021

 Reliance General Insurance Co.Ltd.              ]...Applicant.
                   Vs.
 Tejashree G. Mamidala & Ors.                    ]...Respondents.

 Mr.Pandit Kasar for appellant/applicant.

                                         CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 3RD MARCH,2021.

P.C. :

1. This is an application seeking stay to the execution and implementation of the impugned judgment and award passed by the M.A.C.T., Mumbai, in M.A.C.P. no.1812/2016 dated 3rd March, 2020.

2. It is contended that the applicant has a good case on merits. The learned Counsel for the appellant/insurer, on instructions undertakes to deposit the entire amount of compensation with accrued interest within 6 weeks before the tribunal. Statement is accepted. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a) of the application.

3. If the appellant fails to deposit the amount as above, ad-interim relief shall stand vacated without further reference to the Court.

Chitra Sonawane 22-IA-474-21.doc

4. The applicant shall intimate the factum of deposit of amount of compensation, to the claimants within a week thereafter.

5. After depositing the amount, the claimants are at liberty to withdraw 50% of the amount with accrued interest.

6. At the time of withdrawal, the claimants shall give Undertakings that in case, the appeal succeeds, they will refund the amount with interest, subject to the outcome of the appeal.

7. The application stands disposed of.

(PRITHVIRAJ K.CHAVAN,J.)