Bombay High Court
Mr. Rajaram Kerba Mane vs Mrs Anubai Namdeo Kamble And Ors on 18 September, 2021
Bench: Madhav J. Jamdar
14- CAF 3232 of 2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION No.3232 OF 2015
IN
FIRST APPEAL (ST) No. 17425 OF 2014
Mr. Rajaram Kerba Mane ....Applicant
Vs.
Mrs. Anubai Namdeo Kamble and Ors. ....Respondents.
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Mr. Panchshil Patil i/b. Akshay Shinde for Applicant
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CORAM : MADHAV J. JAMDAR, JJ.
DATE : SEPTEMBER 18, 2021
P.C. :
1. Heard Mr. Panchshil Patil instructed by Mr. Akshay Shinde,
learned Advocate for the Applicant.
2. In this civil application, the relief sought is stay of
implementation of the impugned judgment and award dated 16 th
June, 2012 passed by the Learned Member, Motor Accident
Claims Tribunal, Kolhapur in MACP NO. 693 of 2009. This Court
by order dated 23rd September, 2015 granted ad-interim stay
subject to the applicant depositing in the MACT, Kolhapur an
amount of Rs.1,50,000/- within a period of six weeks. The office
note shows that the applicant has not deposited the said amount
of Rs.1,50,000/-.
3. Although the Respondents are duly served, none appears
for the respondents. However, the order dated 23rd September,
V.A. Tikam 1/3
14- CAF 3232 of 2015
2015 passed by this Court clearly shows that the ad-interim relief
was granted on a specific condition of depositing of Rs.1,50,000/-
within a period of six weeks from 23rd September, 2015. The
office note shows that the said amount is not deposited by the
applicant.
4. Mr. Panchshil Patil fairly submitted that he has no
instructions on the said aspect of deposit of money. The record
shows that there is a note forwarded by the Asstt. Superintendent
(Fin.), District & Sessions Court, Kolhapur dated 25 th November,
2015 stating that the applicant has not deposited the said amount
of Rs.1,50,000/- from 23rd September, 2015 till 25th November,
2015. The period for depositing the amount granted by the order
dated 23rd September, 2015, expired on 4th November, 2015. The
aforesaid report dated 25th November, 2015 clearly shows that the
amount is not deposited. Thus there is no stay in operation from
5th November, 2015.
5. In these circumstances, civil application No. 3232 of 2015
for stay to the implementation of the impugned judgment and
award dated 16th June, 2012 passed by the Learned Member,
Motor Accident Claims Tribunal, Kolhapur in MACP NO. 693 of
2009 is rejected. However, liberty is granted to the Applicant to
file a fresh application, if the said amount is deposited by the
applicant as per the direction dated 23rd September, 2020 seeking
stay of the impugned judgment and award.
V.A. Tikam 2/3
14- CAF 3232 of 2015
Civil Application No. 3232 of 2015 is rejected with above
clarification.
(MADHAV J. JAMDAR, J.)
V A Tikam
V.A. Tikam 3/3
