Shriram General Insurance ... vs Smt.Bababai Namdeo Sangale And ...
2022 Latest Caselaw 12597 Bom

                                                                   501-1-CAF-3322-18.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                           CIVIL APPLICATION NO. 3322 OF 2018
                                               IN
                          FIRST APPEAL (ST) NO. 11492 OF 2018


      Shriram General Insurance Company Ltd. ...Original Insurer
                                             /Appellant

                Versus

      Bababai Namdeo Sangale & Ors.                        ...Original Applicants /
                                                           Respondents
                                            ----------
      Mr. Nikhil Mehta               i/by     KMC        Legal     Venture        for      the
      Appellant/Applicant.
                                            ----------

                                            CORAM : R.I. CHAGLA J

                                              DATE       : 05 December 2022
      ORDER :

1. By the Civil Application, the Applicant is seeking stay on

the implementation, operation of the judgment and order dated 29th

September 2017 passed by the MACT, Niphad in MACT No. 36 of

2012. Notice is to be served on the Respondents.

2. Learned Counsel for the Appellant states on instructions

that the Appellant undertakes to deposit the entire amount awarded

501-1-CAF-3322-18.doc

with accrued interest within a period of six weeks from the date of

this order.

3. In view of the statement, there shall be ad-interim relief

in terms of prayer clause (a), subject to deposit of the above amount.

4. If the Applicant fails to deposit the amount, ad-interim

relief shall stands vacated without further reference to the Court.

5. Issue notice to the Respondents, returnable on 16th

January 2023.

6. In addition to Court notice, Advocates for the Appellant

shall serve notice by way of private service on the Respondents and

file Affidavit of Service on or before the next date.

7. After depositing the amount, the Appellant/Applicant

shall inform the Respondents-Claimants about the factum of deposit

within one week therefrom.

8. Respondent Nos. 1 and 2 are at liberty to apply to this

501-1-CAF-3322-18.doc

Court for withdrawal of the amount deposited by the Appellant with

the MACT.

9. Stand over to 16th January 2023.

[R.I. CHAGLA J.]