The New India Assurance Company ... vs Mrs.Maria Auta Fernandes And Ors
2022 Latest Caselaw 13007 Bom

                                                                    501-IA-30199-22.doc

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

                         INTERIM APPLICATION NO. 30199 OF 2022
                                              IN
                              FIRST APPEAL NO. 1371 OF 2022


      The New India Assurance Company Ltd.                      ...Applicant/
                                                                Appellant

                Versus

      Mrs. Maria Auta Fernandes & Ors.                          ...Respondents

                                           ----------
      Mr. Rajesh Kanojia a/w Ms. Nitika Singh i/by Res Juris for the
      Applicant/Appellant.
                                           ----------

                                            CORAM : R.I. CHAGLA J

                                             DATE       : 14 December 2022

      ORDER :

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

on the execution, implementation and operation of the impugned

judgment and award dated 20th February 2021 passed by the

Member of Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No.

1764 of 2013.

501-IA-30199-22.doc

2. Learned Counsel appearing for the Appellant undertakes

to deposit the entire amount awarded by the MACT with accrued

interest within a period of four weeks from the date of this order.

Statement is accepted.

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

in terms of prayer clause (b) of the Interim Application, subject to

deposit of the entire amount with accrued interest as above.

4. If the Appellant fails to deposit the above amount within

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

reference to the Court.

5. After depositing the amount, the Appellant shall inform

the Respondents/Claimants about the factum of deposit within one

week therefrom.

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

January 2023.

7. In addition to Court notice, the Appellant is permitted to

501-IA-30199-22.doc

serve by way of private notice on the Respondents and file Affidavit

of Service to that effect on or before the next date.

[R.I. CHAGLA J.]