Reliance General Insurance ... vs Gandadhar Janaji Todkar And Ors
2022 Latest Caselaw 12221 Bom

                                                      16-IA-3336.2022 in FA 457.2022.doc


K.S. Jadhav
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 3336 OF 2022
                                            IN
                        FIRST APPEAL (ST.) NO. 457 OF 2022

    M/s. Reliance General Insurance Co. Ltd.                 ...Applicant

            Versus

    Gangadhar Janaji Todkar & Ors.                           ...Respondents

                                         ----------
    Ms. Mayuri Mangeshkar i/b Kalpana R. Trivedi, Advocate for
    Applicant.
                                         ----------
                                  CORAM : R.I. CHAGLA, J.

                                  DATE       : 28th NOVEMBER, 2022.
    ORDER :

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

on the operation, implementation and execution of the Judgment

and Order dated 9th October, 2019 passed by the Member of

Motor Accident Claims Tribunal (hereinafter referred to as

'MACT' for short), Thane in M.A.C.P. No.1064 of 2009.

2. The Respondent has not been served, hence, office is

16-IA-3336.2022 in FA 457.2022.doc

directed to issue notice to the Respondent, returnable on 20 th

December, 2022. In addition, the Applicant is permitted to serve

the Respondent through private service in all possible modes and

file Affidavit of Service on or before next date.

3. Learned Advocate for the Applicant states that the

Applicant undertakes to deposit the entire amount awarded with

accrued interest within a period of two weeks from the date of

this order. Statement is accepted.

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

terms of prayer Clause 'a' of the Interim Application, subject to

deposit of the above amount as undertaken.

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

two weeks, ad-interim relief shall stand rejected without further

reference to the Court.

6. After depositing the amount, the Applicant shall inform the

Respondents/Claimants about the factum of deposit within one

week therefrom.

16-IA-3336.2022 in FA 457.2022.doc

7. Liberty to the Respondents to apply for withdrawal of the

amount on it being deposited.

8. The Interim Application No. 3336 of 2022 is accordingly

stood over to 20th December 2022 to be shown under the caption

for "Compliance".

[R.I. CHAGLA, J.]