Bajaj Allianz General Insurance ... vs Kala Vishwanath Warrier And Ors
2023 Latest Caselaw 8290 Bom

                                                                    9-FA-782-2023.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.14033 OF 2023
                                     IN
                         FIRST APPEAL NO.782 OF 2023
                                    WITH
                         FIRST APPEAL NO.782 OF 2023

 BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD. )...APPLICANT

          V/s.

 KALA VISHWANATH WARRIER AND ORS.                           )...RESPONDENTS

 Mr.D.S.Joshi, Advocate for the Applicant/Appellant.

                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    11th AUGUST 2023

 P.C. :

1. At the outset, Mr.D.S.Joshi, learned Counsel for the Applicant,

submits that there is an inadvertent error in the First Appeal as well as

in the Interim Application, viz., instead of Motor Accident Claims

Tribunal, Thane, it has been mentioned as Motor Accident Claims

Tribunal, Mumbai, and the amendment be permitted in respect thereof.

Let the amendment be carried out forthwith in the First Appeal as well

as in the Interim Application.

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                                                                9-FA-782-2023.doc

2. By this Interim Application, the Appellant Insurance Company, is

seeking stay on execution of the impugned judgment and award dated

4th March 2023 passed by Motor Claim Accident Tribunal, Thane, in

Motor Accident Claim Petition No.945 of 2019.

3. Mr.Joshi, learned Counsel for the Applicant/Appellant submits

that the warrant of attachment has already been issued, and therefore,

the execution proceedings be stayed, subject to deposit of the entire

decretal amount.

4. Having heard the learned Counsel and having perused the

application, issue notice to Respondents, returnable on 14th September

2023.

5. In the meanwhile, let there be stay on execution of the impugned

judgment and award dated 4 th March 2023 as well as on the warrant of

attachment, if any, issued in pursuance of the execution, subject to

deposit of the entire decretal amount in the concerned Tribunal, within

a period of four weeks.

6. List on 14th September 2023.

                                         (ABHAY AHUJA, J.)

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