Cholamandalam M.S. General ... vs Charu Ashok Khandal And Ors
2022 Latest Caselaw 8254 Bom

ppn                                   1                 501.ia-957.-22.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 957 OF 2022
                                IN
                       FIRST APPEAL NO.154 OF 2022

Cholamandalam General Insurance Co. Ltd.              .. Applicant/Appellant
      Versus
Charu Ashok Khandal (deleted)
1. Ashok Radheshyam Sharma Khandal & Ors.             .. Respondents

            ---
Mr.Rajesh Kanojia a/w Ms.Nikita Singh i/by Res Juris for the
applicant/appellant.
            ---
                      CORAM : R.D. DHANUKA &
                               KAMAL KHATA, JJ.

DATE : 23rd AUGUST 2022

P.C.:-

. Papers are allowed to be produced on production board in view of urgency.

2. Learned counsel appearing for the applicant/appellant states that there is some delay in filing first appeal. The respondents have filed execution application before the Motor Accident Claims Tribunal (MACT) and the matter is listed today for issuance of warrant.

3. Learned counsel for the applicant, on instructions, states that the applicant is ready and willing to deposit the entire amount under protest within four weeks from today. Statement is accepted as and by way of undertaking to this Court.

ppn 2 501.ia-957.-22.doc

4. The applicant is directed to deposit the entire amount before the MACT under protest with interest accrued thereon within four weeks from today.

5. In view of the undertaking rendered by the applicant, the Executing Court shall not take any coercive steps against the applicant for execution of the judgment rendered by the MACT. The applicant is directed to convey this order to the Executing Court as well as the respondents including the factum of deposit of the entire amount before the MACT. The applicant shall inform the respondents about deposit within 48 hours from the date of depositing the amount and also to the Executing Court.

6. Upon deposit of the said amount, the respondents would be at liberty to withdraw 50% of the amount unconditionally without furnishing any security. The respondents would also be at liberty to withdraw balance 50% amount upon furnishing security to the satisfaction of the Executing Court. It is made clear that if the entire amount is not deposited within four weeks from today, ad-interim relief granted by this Court to stand vacated without further reference to the Court.

                KAMAL KHATA, J.                 R.D. DHANUKA, J.