Bombay High Court
The New India Assurance Company ... vs Mr.Dilip Mahadeo Gurav And Ors on 9 March, 2021
Bench: P. K. Chavan
11-CAF-4320-2018-.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.4320 OF 2018
IN
FIRST APPEAL NO.1270 OF 2018
The New India Assurance Co. Ltd. ] Applicant
Vs.
Dilip Mahadeo Gurav and others. ] Respondents
.....
Mr. D.S. Joshi, for the Applicant.
None for Respondents.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 9TH MARCH, 2021.
P.C:
1. This is an application seeking stay to the execution,
operation and implementation of the Judgment and Award dated
7th February, 2018 passed by the learned Member, M.A.C.T., Karad
in M.A.C.P No.62 of 2012.
2. Heard Mr. Joshi, learned Counsel for the applicant.
3. Learned Counsel for the applicant submits that execution
proceedings bearing M.A.C.P Darkhast No.36 of 2019 have been
filed by the respondents-claimants. If the impugned judgment and
award is not stayed then the appeal will become infructuous.
Shailaja S. Halkude
Digitally signed by Shailaja S. Halkude
Date: 2021.03.10 14:35:09 +0530 1 of 3
11-CAF-4320-2018-.doc
4. Learned Counsel for the applicant, on instructions, makes a
statement that the applicant will deposit entire amount of
compensation with accrued interest before M.A.C.T, Karad within
four weeks from today. Statement is accepted.
5. In view of the statement made 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.
6. After depositing the amount, the applicant shall inform the
respondents-claimants about the factum of deposit within one
week.
7. If the applicant fails 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.
8. 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
of compensation 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.
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11-CAF-4320-2018-.doc
9. If respondents-claimants do not file an undertaking at the
time of withdrawing the amount, 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 an order from
this Court.
10. 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.
11. The application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.]
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