Kishor S/O Laxminarayan Mantri vs Nirmala Kisan Pokale And Ors
2022 Latest Caselaw 7532 Bom

                                                                      18 fa-st-23462-21.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                    FIRST APPEAL (ST) NO. 23462 OF 2021
                                                  WITH
                                  INTERIM APPLICATION NO. 1701 OF 2022
                                                  WITH
                                  INTERIM APPLICATION NO. 1700 OF 2022
                                                    IN
                                    FIRST APPEAL (ST) NO. 23462 OF 2021

                        Kishor Laxminarayan Mantri        ..Appellant/Applicant.

                                   v/s.

                        Nirmala Kisan Pokale & Ors.             ..Respondents


                                                 WITH
                                    FIRST APPEAL (ST) NO. 23465 OF 2021
                                                  WITH
                                  INTERIM APPLICATION NO. 1703 OF 2022
                                                  WITH
                                  INTERIM APPLICATION NO. 1702 OF 2022
                                                    IN
                                    FIRST APPEAL (ST) NO. 23465 OF 2021

                        Kishor Laxminarayan Mantri        ..Appellant/Applicant.

                                   v/s.

                        Harshad Sanjay Gopale & Anr.            ..Respondents


                                                 WITH
                                    FIRST APPEAL (ST) NO. 23547 OF 2021
                                                  WITH
                                  INTERIM APPLICATION NO. 1705 OF 2022
                                                  WITH
                                  INTERIM APPLICATION NO. 1704 OF 2022
                                                    IN
                                    FIRST APPEAL (ST) NO. 23547 OF 2021
           Digitally
           signed by
           PRASANNA P
                        Kishor Laxminarayan Mantri              ..Appellant/Applicant.
PRASANNA P SALGAONKAR
SALGAONKAR Date:
           2022.08.04
           11:03:27
           +0530

         P P SALGAONKAR                                                              1 of 3
                                                                           18 fa-st-23462-21.doc


                             v/s.

             Rajiya Amir Shaikh & Ors.                                    ..Respondents

             Mr.     Sariram Kaineshwarkar             i/b.   Adv.   Adgaonkar   for    the
             Appellant/Applicant.

                                           CORAM : ANUJA PRABHUDESSAI, J.

DATED : 2nd AUGUST, 2022.

P.C.

1. The Appellant-Insurer has filed these appeals challenging the

judgment and awards passed by the Claims Tribunal, Pune in MACP

Nos. 52 of 2020, 53 of 2020 and 54 of 2020.

2. By the impugned judgment, the Claims Tribunal has directed the

Insurance Company to pay compensation with liberty to recover the

same from the Appellant -Insurer. Learned Counsel for the Appellant

states that the Insurance Company has already paid the compensation

and has filed execution proceeding for recovering the compensation

from the Appellant. He states that the warrant of attachment has already

been issued in the said proceeding.

3. Learned Counsel for the Appellant states that 50% of the

compensation as per the impugned judgment and awards will be

deposited within six weeks, and the balance 50% will be deposited

within six weeks thereafter.

4. In the light of the said statement, execution proceedings filed by

the Insurance Company are stayed till the next date.

P P SALGAONKAR                                                                           2 of 3
                                                                            18 fa-st-23462-21.doc

5. It is made clear that in the event the Appellant fails to deposit the

money within the time stipulated hereinabove, interim relief shall stand

vacated without further reference to the Court.

6. Issue notice to Respondents, returnable on 27.09.2022.

                                                        (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                            3 of 3