Bajaj Allianz General Insurance ... vs Chintamani Ananth Thosar And Ors
2022 Latest Caselaw 12951 Bom

           Digitally signed
           by JITENDRA
JITENDRA SHANKAR
         NIJASURE
SHANKAR Date:
NIJASURE 2022.12.15
           11:13:30
           +0530




                                                                       17-ia-2787-2022.doc

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

                                       INTERIM APPLICATION NO.2787 OF 2022
                                                       IN
                                           FIRST APPEAL NO.381 OF 2022

           Bajaj Allianz General Insurance Co. Ltd.                      ...Appellant

                              Versus

           Chintamani Ananth Thosar & Ors.                               ...Respondents

                                                       ----------
           Siddharth Shitole i/b. Sarthak Diwan for the Appellant.
                                                       ----------

                                                CORAM :        R.I. CHAGLA J.

                                                DATE       :   13TH DECEMBER, 2022.

           ORDER :

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

on the effect, operation, implementation and execution of the

impugned judgment and award dated 20th February, 2021 passed by

the MACT, Khed, Ratnagiri in MACP No.28 of 2015. The learned

Advocate appearing for the Appellant undertakes to deposit the

entire amount awarded by impugned judgment and order dated 20th

February, 2021 with accrued interest within a period of six weeks

from the date of this Order. Statement is accepted.

17-ia-2787-2022.doc

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

in terms of prayer Clause (a) of the Application, subject to deposit of

the amount as above.

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

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

reference to the Court.

4. After depositing the amount, the Applicant shall inform

eh Respondents - Claimants about the factum of deposit within one

week.

5. The Respondents are at liberty to make appropriate

application before this Court for withdrawal of the amount as and

when deposited by the Appellant with MACT, Ratnagiri.

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

January, 2023.

7. Stand over to 16th January, 2023.

[R.I. CHAGLA J.]