Bombay High Court
Iffco Tokio General Insurance ... vs Smt. Vimal Suresh Borage And Ors on 11 August, 2023
Bench: Abhay Ahuja
902-905.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.655 OF 2018
WITH
CIVIL APPLICATION NO.656 OF 2018
IN
FIRST APPEAL (S.T.) NO.25979 OF 2017
Shriram General Insurance Company
Limited Through
Mr. Satpalsingh Rajput Manager Legal ...Applicant/Appellant
V/s.
Sou. Jyoti Vithoba Nahire and Anr ...Respondents
WITH
INTERIM APPLICATION NO.14068 OF 2023
WITH
INTERIM APPLICATION NO.14070 OF 2023
IN
FIRST APPEAL (S.T.) NO.13289 OF 2023
Mr. Hiralal Bhansilal Khinvasara ...Applicant/Appellant
V/s.
The New India Assurance Co. Ltd
and Anr ...Respondents
WITH
INTERIM APPLICATION NO.13789 OF 2023
WITH
INTERIM APPLICATION NO.13790 OF 2023
IN
FIRST APPEAL (S.T.) NO.15533 OF 2023
United India Insurance Co. Ltd
Mumbai ...Applicant/Appellant
V/s.
Mr. Amit Satish Puri and Ors ...Respondents
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902-905.doc
WITH
INTERIM APPLICATION NO.14002 OF 2023
WITH
INTERIM APPLICATION NO.14003 OF 2023
IN
FIRST APPEAL (S.T.) NO.16797 OF 2023
IFFCO Tokio General Insurance
Company Ltd ...Applicant/Appellant
V/s.
Smt. Vimal Suresh Borage and Ors ...Respondents
Mr. Rahul Mehta i/b KMC legal Ventures, Advocate for the
Applicant/Appellant in CAF/655/2018, CAF/656/2018 and
FA(ST) No./25979/2017,
Mr. Yuvraj P Narvankar with Mr. Sandesh S. Darade, Advocates for
the Applicant/Appellant in IA/14068/2023, IA/14070/2023 and
FAST NO/13289/2023,
Ms. Varsha Chavan, Advocate for the Applicant/Appellant in
IA/13789/2023, IA/13790/2023 and FAST NO/15533/2023.
Mr. Rahul Mehta i/b KMC legal Ventures, Advocate for the
Applicant/Appellant in IA/14002/2023, IA/14003/2023 and FAST
NO/16797/2023.
CORAM : ABHAY AHUJA, J.
DATE : 11th AUGUST, 2023
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902-905.doc
P.C. :
1. Pursuant to order dated 3rd August 2023 in Interim
Application No.13789 of 2023 along with Interim Application
No.13790 of 2023, this Court while considering the question
whether in view of Rule 3-A(3) of Order XLI of the Code of Civil
Procedure which directs that the Court shall not make order of
stay of execution pending disposal of the application for
condonation of delay made under Order XLI Rule 3-A(1), the
Court can stay the execution in view of decision of the Division
Bench judgment of the Aurangabad Bench in Bhagwan
s/Ganpatrao Godsay vs. Kachrulal s/Bastimal Samdariya and in
connected matters1 had invited counsel appearing in similar
matters to address the Court.
2. Accordingly, the learned Counsel in these matters have been
heard yesterday and today at length. Although Mr.Pandey is not
briefed in any of the matters, however, on an invitation by the
1 Civil Revision Application Nos.6, 8, 9 and 10 of 1986 dated 23rd January 1987
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902-905.doc
Court to address on this important question of law, Mr.Pandey has
kindly addressed this Court on the said question.
3. Other learned Counsel appearing in the matters have also
addressed the Court relying on the decision of the Division Bench
judgment of the Aurangabad Bench in Bhagwan s/Ganpatrao
Godsay vs. Kachrulal s/Bastimal Samdariya and in connected
matters (supra) and also by placing reliance on other judgments.
4. Arguments have been concluded. Orders in these
applications are reserved.
5. Mr.Pandey and the other learned Counsel are liberty to
summarize their arguments in the form of written submissions
with supporting judgments, within a period of two weeks.
(ABHAY AHUJA, J.)
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