Bombay High Court
The New India Assurance Co. Ltd., ... vs Dilip Bahadur Rathod And Ors on 9 March, 2021
Bench: P. K. Chavan
20-IA-617-2021.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.617 OF 2021
IN
FIRST APPEAL NO.108 OF 2021
The New India Insurance Company Ltd. ]
Through Mumai Legal HUB ] Applicant
Vs.
Dilip Bahadur Rathod and others ] Respondents
.....
Mr. D.S. Joshi, for Applicant.
None for Respondents.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 9TH MARCH, 2021.
P.C.
1. This is an application seeking stay to the operation, execution
and implementation of the Judgment and Award dated 29 th
November, 2019 passed by the learned Member, M.A.C.T, Thane in
M.A.C.P No.337 of 2017.
2. Heard Mr. Joshi, learned Counsel for the applicant.
3. Upon making a statement that entire amount of compensation
with accrued interest would be deposited within four weeks in
Shailaja S. Digitally signed by Shailaja S.
Halkude
Halkude Date: 2021.03.11 10:48:27 +0530
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20-IA-617-2021.doc
M.A.C.T, Thane, there shall be ad-interim relief in terms of prayer
clause (a).
4. Non compliance of the undertaking and statement made before
the Court would result in vacating the ad-interim relief automatically,
without further reference to the Court.
5. After depositing the amount, the applicant shall inform the
respondents-claimants about the factum of deposit within one
week.
6. If the applicants fail to deposit the entire amount of
compensation with accrued interest within four weeks, ad-interim
relief shall stand vacated automatically, without further reference
to the Court.
7. The respondents-claimants are at liberty to withdraw 50% of
the amount of compensation with accrued interest that would be
deposited by the applicant before the concerned M.A.C.T upon
furnishing an undertaking at the time of withdrawing the amount
that if the applicant succeeds in the appeal, they will refund 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 at the time of
withdrawing the amount, the amount of compensation 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
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20-IA-617-2021.doc
and thereafter for one more year again after obtaining an order
from this Court.
9. If 50% amount is withdrawn by the respondents-claimants,
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.
[PRITHVIRAJ K. CHAVAN, J.]
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