Hdfc Ergo General Insurance Co. ... vs Suchitra Bablua @ Babulal Nayak @ ...
2021 Latest Caselaw 14358 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
             Date: 2021.10.05
NAIR         14:29:54 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                             INTERIM APPLICATION NO.2643 OF 2021
                                                                       IN
                                                 FIRST APPEAL (ST.) NO.99592 OF 2020


                                   Oriental Insurance Co. Ltd.                ..             Applicant

                                           Vs.

                                   Suchitra Bablua @ Babulal
                                   Nayak @ Naik & Ors.                        ..           Respondents

                                                                  ...
                                   Mr. S.S. Dwivedi for the Applicant.

                                                                       ...

                                                      CORAM : SMT. BHARATI DANGRE, J.

                                                      DATED        : 04TH OCTOBER, 2021.
                                   P.C:-

                                                   First Appeal (St.) No.99592 of 2020

1. At the outset, learned counsel for the appellant has invited my attention to the title of the first appeal printed on the daily board, which is wrongly reflected as 'HDFC Ergo General Insurance Co. Ltd'. The Registry is directed to rectify the mistake and describe the name of the appellant as 'Oriental Insurance Co. Ltd.'

AJN 2/2 18 IA-2643.21.odt

2. Issue notice to the respondents, making it returnable on 22/11/2021.

3. The appellant is also permitted to serve the respondents by private notice and place on record an affidavit to that effect.

Interim Application No.2643 of 2021

4. By the interim application, stay of the execution, operation and effect of the judgment and order dated 27/02/2020 passed by the Motor Accident Claims Tribunal, Kalyan, Thane, in M.A.C.P. No.253 of 2015 is sought. A statement is made on behalf of the applicant that, without prejudice to the rights and contentions of the applicant, they are ready to deposit the entire amount awarded by the Tribunal along with interest levied and calculated till 31/08/2021 in the Tribunal, within six weeks from today.

5. On the amount being deposited within the aforesaid period, there shall be stay of the operation, execution and effect of the impugned judgment dated 27/02/2020 passed by the Motor Accident Claims Tribunal, Kalyan, Thane, in M.A.C.P. No.253 of 2015.

[SMT. BHARATI DANGRE, J.]

AJN