Jalindar Vasant Chavhan vs Mandabai Balu Temkar And Anr
2023 Latest Caselaw 5600 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO.17163 OF 2022
                                   IN
                       FIRST APPEAL NO.215 OF 2023

 JALINDAR VASANT CHAVHAN                              )...APPLICANT

          V/s.

 MANDABAI BALU TEMKAR ADN ANR.                        )...RESPONDENTS


 Mr.V.N.Tambavekar a/w. Mr.Balasaheb Chakave, Advocate for the
 Applicant / Appellant.
 Ms.Karishma Chakhaliwala a/w. Mr.S.M.Jha i/b. Ms.Meena J.
 Bhalerao, Advocate for the Respondents No.1 and 2.


                               CORAM     :    ABHAY AHUJA, J.

                               DATE      :    14th JUNE 2023

 P.C. :

1. This is an interim application filed by the Appellant for stay

on the execution of the judgment and order dated 23rd February

2023 passed by Motor Accident Claims Tribunal, Rajguruagar-

Khed, Pune, in Motor Accident Claim Petition No.169 of 2015.

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2. Mr.Tambavekar, learned Counsel, would submit that, infact,

on the day of the accident, Appellant's pick up jeep was in the

garage and so could not have been involved in the accident. He

would submit that this fact was brought to the notice of the

learned Tribunal but the learned Tribunal, despite recording the

same, has not dealt with it and passed the order of compensation

against the Appellant. The learned Counsel would submit that his

client has already been acquitted by the Judicial Magistrate First

Class Court but needs some time to furnish a copy of the said

order to the Court. Let a copy of the said order as well as any

other documents supporting the case be furnished before this

Court by the next date.

3. It is observed from paragraph 5 of the impugned order that

the Appellant had contended that the Appellant's vehicle was not

on the road, so there was no question of any accident by his

vehicle. Prima facie, it does not appear that the Tribunal has dealt

with this contention.

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4. Learned Counsel for Respondents also seeks time to take

instructions in the matter.

5. List on 12th July 2023.

6. In the meanwhile, the Executing Court not to proceed

further in the matter, till the next date.

                                      (ABHAY AHUJA, J.)




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