The New India Assurance Co. Ltd vs Mamta Pawan Gola And Ors
2022 Latest Caselaw 12310 Bom

                                                                   35-2-IA-19589-22.doc

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

                         INTERIM APPLICATION NO. 19589 OF 2022
                                              IN
                          FIRST APPEAL (ST) NO. 25091 OF 2022


      The New India Assurance Co.Ltd.                           ...Applicant

                Versus

      Smt. Mamta Pawan Gola & Ors.                              ...Respondents

                                           ----------
      Ms. Shraddha Chheda i/by Navdeep Vora & Associates for the
      Applicant.
                                           ----------

                                            CORAM : R.I. CHAGLA J

                                             DATE       : 29 November 2022

      ORDER :

1. By this Interim Application, the Applicant has applied for

stay of the execution of the impugned judgment and order dated

13th April 2022 passed by the Member of Motor Accident Claims

Tribunal, Mumbai pending hearing and final disposal of the First

Appeal.

2. Respondent Nos. 1 and 2 have been served with the

35-2-IA-19589-22.doc

Interim Application and Respondent Nos. 3 and 4, though attempt

was made to serve them the envelop containing papers and

proceedings was returned with remark "unclaimed".

3. Learned Advocate for the Applicant/Appellant on

instructions states that the Appellant undertakes to deposit the entire

amount awarded with accrued interest within four weeks from today.

Statement is accepted.

4. In view of the statement made, the relief in terms of

prayer clause (a) of the Interim Application is granted, subject to

deposit of the above amount.

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

four weeks, the relief shall stands vacated without further reference

to the Court.

6. After depositing the amount, the Appellant shall inform

the Respondents-Claimants about factum of deposit within one week

therefrom.

35-2-IA-19589-22.doc

7. Respondents are at liberty to apply for withdrawal of the

amount deposited.

8. Interim Application is accordingly, disposed of.

[R.I. CHAGLA J.]