United India Insurance Co. Ltd., ... vs Mr. Amit Satish Puri And Ors
2023 Latest Caselaw 7715 Bom

KVM

                                        1/3
                                                          15 -IA 13789 OF 2023.doc


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 13789 OF 2023

                          ALONGWITH
              INTERIM APPLICATION NO. 13790 OF 2023
                               IN
                FIRST APPEAL (ST) NO. 15533 OF 2023
United India Insurance Co. Ltd.                      ..... Appellant

        VERSUS

Amit Satish Puri & Ors.                              ..... Respondents
Ms. Varsha Chavan for the Applicant/Appellant.
                                       CORAM: ABHAY AHUJA, J.

DATE : 3rd AUGUST, 2023

P.C:-

Two interim applications listed herein, one is Interim Application

No. 13789 of 2023 which is for condonation of delay of 62 days in

filing the first appeal against the judgment and order dated 12th January,

2023 passed by the M.A.C.T., Mumbai in MACT Application No. 300

of 2018.

2. The other Interim Application is 13790 of 2023 which is seeking

stay of the operation, implementation and execution of the impugned

judgment and award.

KVM

15 -IA 13789 OF 2023.doc

3. Ms.Chavan, learned counsel for the applicant would submit that

in view of the Division Bench judgment of the Aurangabad Bench in

Civil Revision Application Nos. 6, 8, 9 and 10 of 1986 dated 23rd

January, 1987 in case of Bhagwan s/Ganpatrao Godsay vs. Kachrulal

s/Bastimal Samdariya and in connected matters where the use of word

'shall' in Order XLI Rule 3-A (3) of the Code of Civil Procedure, 1908

has been held to be permissive and not imperative, the interim

application for stay can be entertained pending the delay condonation

application.

4. Learned counsel submits that there is also a Single Judge

decision of this Court on similar lines and seeks some time to furnish

the same.

5. Other learned counsel of this Court appearing in similar

M.A.C.T. First Appeals also are desirous of addressing the Court on the

issue whether the use of the word 'shall' in Order XLI Rule 3-A (3) is

permissive or imperative.

6. Accordingly list these applications along with concerned first

KVM

15 -IA 13789 OF 2023.doc

appeal on 10th August, 2023 at 2.30 p.m.

7. Liberty to mention.

[ABHAY AHUJA, J.]