United India Insurance Company ... vs Ratnabai Suresh Rathod And Ors
2022 Latest Caselaw 12457 Bom

             Digitally signed
             by JITENDRA
  JITENDRA SHANKAR
  SHANKAR NIJASURE
  NIJASURE Date:
           2022.12.02
             10:53:13 +0530



                                                                   504-ia-20339-2022.doc

jsn
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO.20339 OF 2022
                                                      IN
                                     FIRST APPEAL (ST.) NO.26725 OF 2022

       United India Assurance Co. Ltd.                                ...Applicant /
                                                                      Appellant

                      Versus

       Smt. Ratnabai Suresh Rathod & Ors.                             ...Respondents

                                                     ----------
       Mr. Nikhil Mehta, i/b. KMC Legal Venture, for the Applicant /
       Appellant.
                                                     ----------

                                              CORAM :        R.I. CHAGLA J

                                              DATE      :    1ST DECEMBER, 2022

       ORDER :

1. By this Interim Application, the Applicant is seeking stay

on the effect, implementation / execution and operation of the

judgment and award dated 18th May, 2022 passed by Member MACT,

Solapur in MACP No. 155 of 2018. The Respondents are still to be

served.

2. Notice shall be issued to the Respondents, returnable on

504-ia-20339-2022.doc

3rd January, 2023. In addition to Court notice, the Advocate for the

Appellants / Applicants shall serve by way of private service on the

Respondents in all possible modes and file Affidavit of Service on or

before next date.

3. The learned Advocate for the Appellants / Applicants

states on instructions that the Applicants undertake to deposit the

entire amount awarded by the impugned judgment and award dated

18th May, 2022 with accrued interest within a period of four weeks

from today with the MACT, Solapur. Statement is accepted.

4. In view of the statement made, there shall be ad-interim

relief in terms of prayer clause (a) of the application, subject to

deposit of the amount as above.

5. If the Applicant fails to deposit the entire amount within

four weeks, ad-interim relief shall stand vacated without further

reference to the Court.

6. After depositing the amount, the Applicant shall inform

the Respondents - Claimants about the factum of deposit within one

week.

504-ia-20339-2022.doc

7. The Interim Application is accordingly adjourned to 3rd

January, 2023.

[R.I. CHAGLA J.]