Shriram General Insurance ... vs Mr. Natvarlal Mafatlal Darji And ...
2022 Latest Caselaw 4834 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 FIRST APPEAL (ST) NO.17599 OF 2019
                                   WITH
                  CIVIL APPLICATION NO.3495 OF 2019
                                   WITH
                  CIVIL APPLICATION NO.3494 OF 2019


Shriram General Insurance Company            ..     Appellant
Limited

                       Versus

Natvarlal Mafatlal Darji & Anr.              ..     Respondents


                            ...
Mr.Rahul Mehta i/b KMC Legal Venture for the Appellant.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 05th MAY 2022

P.C:-

CIVIL APPLICATION NO.3495 OF 2019

1. By the present application, the Insurance Company seeks stay to the effect and operation of the Judgment and Award dated 11/10/2018 passed by the M.A.C.T., Mumbai in M.A.C.T. Application No.482 of 2014.

2. The learned counsel Mr.Mehta would submit that the appellant has good case on merits and the Insurance Company

M.M.Salgaonkar

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is ready to deposit the entire amount awarded under the impugned judgment alongwith interest computed upto 31/03/2022 before the Tribunal.

Accepting the aforesaid statement and subject to deposit of the amount of compensation alongwith the interest, computed upto 31/03/2022 before the Tribunal within a period of 8 weeks from today, there shall be stay to the effect and operation of the impugned judgment.

CIVIL APPLICATION NO.3494 OF 2019

3. By the present application, delay of 135 days in fling the First Appeal by the Insurance Company is sought to be condoned.

4. Heard the learned counsel for the applicant/appellant.

On perusal of the application, paragraphs 3 and 4 set out the reasons for the delay in fling the Appeal and on it's perusal it can be seen that the delay is largely procedural.

Being satisfed with the bonafdes of the delay, the application is allowed in terms of prayer clause (a).

FIRST APPEAL (ST) NO.17599 OF 2019

5. Issue notice to the respondents, making it returnable on 04/07/2022.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar