United India Insurance Company ... vs Kashinath Tukaram Gaikwad And Ors
2022 Latest Caselaw 9605 Bom

Megha                                    precipe_fa_1647_2019.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

           INTERIM APPLICATION (STAMP) NO.23428 OF 2022
                                IN
                   FIRST APPEAL NO.1647 OF 2019

United India Insurance Company
Ltd.                                                ...Applicant
                Versus
Kashinath Tukaram Gaikwad and
Ors.                                            ...Respondents
                                ...
Mr. Nitesh Bhutekar with Ms Gargi Warunjikar for the Applicant.


                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 21st SEPTEMBER, 2022.

P. C. :-

1. Not on board. Taken on board upon precipe being fled.

2. Order dated 12/09/2018 records the statement of

counsel for the Applicant -Insurance Company that the entire

decreetal amount was deposited in the Tribunal and in view of the

said statement, execution of the impugned Judgment and Award

was stayed.

3. Learned counsel for the Applicant states that he was

under the impression that they were required to deposit only 50% of

Megha precipe_fa_1647_2019.doc

the compensation. He submits that since the Insurance Company had

deposited 50% of the compensation, he made a statement that the

decreetal amount was deposited before the Tribunal. Subsequently,

when the counsel learnt about the mistake, he sought leave to

deposit balance 50% of the compensation, which was granted by this

Court on 07/11/2019. Learned counsel for the Applicant submits

that balance 50% has not been deposited as per the order of the

Court. He submits that warrant of attachment has been issued on

the execution proceedings fled by the Respondents-Claimants. He

submits that balance 50% with interest thereon will be deposited

before the Tribunal within four days. Statement is accepted.

4. In the light of the said statement, the Applicants are

permitted to deposit balance 50% of the compensation with interest

accrued thereon in the Tribunal in addition to cost of Rs.10,000/- to

be deposited before the Legal Services Authority. Interim order to

continue pending hearing of the appeal subject to deposit of balance

50% of compensation and payment of costs.

5. Application stands disposed of.

                                             (SMT. ANUJA PRABHUDESSAI, J.)
        Digitally signed
MEGHA   by MEGHA S
        PARAB
S       Date:
        2022.09.22
PARAB   14:53:10
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