Bajaj Allianz Generalinsurance ... vs Mr.Amit Jayntilal Karania And Anr
2021 Latest Caselaw 15891 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 FIRST APPEAL (ST) NO.94971 OF 2020


Bajaj Allianz General Insurance Co. Ltd...                 Appellant
        Versus
Amit Jayntilal Karania & Ors.                    ..        Respondents
                                       ...

Mr.Gaurav Sharma i/b Mr.Sarthak S. Diwan for the Appellant.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 16th NOVEMBER, 2021

P.C:-

1. On 10/02/2021, this Court accepted the statement made by the learned counsel for the Appellant, where he undertook to deposit the entire amount of compensation with accrued interest in MACT, Thane within four weeks. Subject to honouring of the said statement, the ad-interim relief was granted in term of prayer clause (b). A condition was also imposed to the effect that if the Appellant fails to deposit the amount, the ad-interim relief shall stand vacated automatically, without further reference to the Court.

2. The First Appeal is circulated for continuation of the ad- interim relief and it is stated that though the cheque was issued, it was issued in the name of MACT, Mumbai and as such, the same was not accepted. Since, there was a period

M.M.Salgaonkar

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stipulated and the amount was not deposited within the said period, the amount was not accepted by the MACT, Thane thereafter.

Learned counsel for the Appellant makes a statement, on instructions, that within a period of two weeks from today, the order shall stand complied with. If there is no compliance, the stay order shall stand vacated automatically with a further rider that, thereafter an application for deposit of the amount shall not be entertained and the claimant shall be held entitled for execution of the judgment and award.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar