The New India Assurance Co. Ltd. ... vs Atikurrahaman Lais Mohammad And ...
2022 Latest Caselaw 2514 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                       FIRST APPEAL NO.246 OF 2021
                                      ALONG WITH
             INTERIM APPLICATION NO.1407 OF 2021


The New India Assurance Co. Ltd.,                   ]
Mumbai.                                             ]   ...          Appellant

                 Vs.

Atikurrahaman Lais Mohammad & ]
Ors.                          ]                         ...          Respondents


                                             ...
Mr. D.S. Joshi for the appellant.
                                             ...

                                     CORAM : SMT. BHARATI DANGRE, J.

                                     DATED       : 14TH MARCH, 2022.

P.C. :-

1. Heard the learned counsel Mr. Joshi for the appellant. The appeal is filed, being aggrieved by the judgment and award dated 03/08/2020 passed by M.A.C.T, Mumbai, in M.A.C.P. No.978 of 2015, under which the appellant is directed to pay to the claimants an amount of Rs.8,26,000/- along with interest at the rate of 8%

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per annum.

2. The learned counsel for the appellant submits that the appellant has a good case on merits, but since there is every likelihood that the impugned judgment will be executed and the amounts will be recovered by the claimants, he seeks stay to the impugned judgment and make a solemn statement that the entire amount under the impugned judgment along with interest till 28/02/2022 shall be deposited before the Tribunal within a period of four weeks from today.

3. Subject to the aforesaid deposit, there shall be stay to the impugned judgment.

4. Issue notice to the respondents. Notice is made returnable on 12/04/2022. Service by private notice is also permitted.

5. The appellant shall place on record the compilation of documents/private paper-book so that the appeal can be heard finally at the admission stage.

[SMT. BHARATI DANGRE, J.]

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