The New India Assurance Co. Ltd vs Smt. Ashwini Ashok Naik And Ors
2023 Latest Caselaw 6493 Bom

                                                                     907.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.13224 OF 2023
                                     AND
                    INTERIM APPLICATION NO.13225 OF 2023
                                      IN
                      FIRST APPEAL (ST) NO.13043 OF 2023

 THE NEW INDIA ASSURANCE CO. LTD.                      )...APPLICANT

          V/s.

 SMT. ASHWINI ASHOK NAIK AND OTHERS                    )...RESPONDENTS

 Mr.Rajesh Kanojia a/w. Ms.Nikita Singh i/b. Res Juris, Advocate for the
 Applicant/Appellant.

                               CORAM    :      ABHAY AHUJA, J.

                               DATE     :      7th JULY 2023
 P.C. :

INTERIM APPLICATION NO.13224 OF 2023

1. This is an application seeking condonation of delay of 78 days in

preferring Appeal against the judgment and award dated 23 rd August

2022 passed by the Motor Accident Claims Tribunal, Mumbai in Motor

Accident Claim Petition No.1016 of 2015.

2. Mr.Rajesh Kanojia, learned Counsel for the Applicant, draws the

attention of this Court to paragraphs 3 to 8 of the application in

support of his contentions to condone the delay.

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                                                                    907.doc

3. Having heard the learned Counsel and having perused the

application, issue notice to Respondents, returnable on 10th August

2023.

4. List on 10th August 2023.

INTERIM APPLICATION NO.13225 OF 2023

5. This is an application filed by the Insurance Company seeking

stay to the judgment and award dated 23 rd August 2022 passed by the

Motor Accident Claims Tribunal, Mumbai in Motor Accident Claim

Petition No.1016 of 2015.

6. Mr.Rajesh Kanojia, learned Counsel for the Applicant, would

submit that the execution be stayed subject to deposit of the entire

decretal amount and service to the Respondents.

7. Having heard the learned Counsel and having perused the

application, issue notice to Respondents, returnable on 10th August

2023.

8. Let the impugned judgment and order be stayed, subject to

deposit of the entire decretal amount and service to Respondents

within a period of four weeks.

9. List on 10th August 2023.

                                       (ABHAY AHUJA, J.)

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