Shriram General Insurance ... vs Pandharinath Kashinath Gavate ...
2021 Latest Caselaw 12786 Bom

                                                                        10-525-21-IA-speaking=.doc


                       Uday S. Jagtap


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO. 525 OF 2021
                                                          IN
                                          FIRST APPEAL (ST.) NO. 1076 OF 2021

                       Shriram General Insurance Co. Ltd.               .. Applicant

                              Vs.

                       Pandharinath Kashinath Gavate & Ors.             .. Respondents

                                                         .....
                       Mr. Pandit Kasar for the applicant
                       None for the respondents

                                                   CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 7 th SEPTEMBER, 2021

P.C.

1. This matter is suo motu shown on board for speaking to the minutes of order dated 5th March, 2021.

2. In the cause title of the order, instead of "FIRST APPEAL (ST.) NO. 1076 OF 201" it should be "FIRST APPEAL (ST.) NO. 1076 OF 2021".

3. The same be corrected accordingly. Rest of the order shall remain as it is.

4. The corrected order reads thus: -

          Digitally
          signed by
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
          Date:
JAGTAP    2021.09.08

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          19:39:54
          +0530

10-525-21-IA-speaking=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 525 OF 2021 IN FIRST APPEAL (ST.) NO. 1076 OF 2021

Shriram General Insurance Co. Ltd. .. Applicant Vs.

Pandharinath Kashinath Gavate & Ors. .. Respondents

.....

Mr. Suryajeet P. Chavan i/b Mr. Pandit Kasar for the applicant None for the respondents

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 5th MARCH, 2021 P.C.

1. This is an application seeking stay to the execution and implementation of the judgment and award dated 13 th September, 2019 passed by the Member, M.A.C.T., Nashik in M.A.C.P. No. 25 of 2014.

2. Heard the learned Counsel for the applicant - insurer, who makes a statement at the bar that entire amount of award with accrued interest will be deposited in M.A.C.T. within a period of four weeks. Statement is accepted.

3. In view of the statement 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.

4. If the applicant fails to deposit the entire amount

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within four weeks, ad-interim relief shall stand vacated 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. The respondents are at liberty to withdraw 50% of the amount that would be deposited by the applicant before the concerned M.A.C.T upon furnishing an undertaking within two weeks that if the appellant succeeds in the appeal, the respondents shall refund the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

7. If respondents do not file an undertaking within the aforesaid period, the amount that would be deposited by the applicant shall be invested by the M.A.C.T in a fixed deposit in any Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

8. If 50% amount is withdrawn by the respondents, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

9. The application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)

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