The New India Assurance vs Mr. Suresh Sitaram Kahandane And ...
2023 Latest Caselaw 6473 Bom

                                  1    12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                             FIRST APPEAL NO.534 OF 2016
                                         WITH
                        INTERIM APPLICATION NO.20402 OF 2022
                                           IN
                             FIRST APPEAL NO.534 OF 2016
                                          AND
                           CIVIL APPLICATION NO.2910 OF 2014
                                           IN
                             FIRST APPEAL NO.534 OF 2016


 The New India Assurance Co. Ltd.                     ... Appellant
       Vs.
 Suresh Sitaram Kahadane and anr.                     ... Respondents
                                  -------

 Ms.Shalini Shankar, Advocate for the Appellant/Applicant in CAF No.
 2910 of 2014.
 Mr.Aniket Nangare i/by Mr.R.S.Gangawane, Advocates for the Applicant
 in IA No.20402 of 2022 and for the Respondent No.1 in FA.


                                          -------

                            CORAM :    ABHAY AHUJA, J.

                            DATE :     07 JULY, 2023.


 P.C. :


 CIVIL APPLICATION NO.2910 OF 2014

 1.           This is an application seeking stay of the execution of the judgment




  Priya R. Soparkar                                                                      1 of 3



                                     2    12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc

and award dated 7th April, 2014 passed by the Motor Accident Claims

Tribunal, Pune in MACP No.228 of 2013.

2. Ms.Shalini Shankar, learned counsel for the Appellant-Insurance

Company submits that the entire decretal amount has already been

deposited in this court pursuant to the earlier orders and execution of

the impugned decision has also been stayed by order dated 26 th August,

2014. She submits that the stay application be disposed with an order to

continue the stay on the execution till the final disposal of the appeal.

3. Mr.Aniket Nangare, learned counsel for the Respondent No.1 has

no objection.

4. Having heard learned counsel and having perused the application,

let the stay granted earlier to the execution of the final decision to

continue till the final disposal of the first appeal.

5. The application stands disposed of.

  Priya R. Soparkar                                                                        2 of 3



                                    3      12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc


 FIRST APPEAL NO.534 OF 2016

1. This first appeal has already been admitted on 4th July, 2018.

2. Learned counsel for the Appellant submits that if the Record and

Proceedings is called, it can be finally disposed.

3. Accordingly, the Registry is directed to call for the Record and

Proceedings within a period of four weeks.

4. Let the compilation of documents also be filed within that period.

5. List on 4th August, 2023.

                                                         (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                         3 of 3