Union Of India, Through Commanding ... vs Shekhar Dagdu Kothavade
2024 Latest Caselaw 24220 Bom

Bombay High Court

Union Of India, Through Commanding ... vs Shekhar Dagdu Kothavade on 16 August, 2024

Author: M. M. Sathaye

Bench: M. M. Sathaye

2024:BHC-AS:33055
           Digitally signed
           by ANANT
 ANANT
                                                                                                                 60.IA.18323.2022-stay.doc
         KRISHNA NAIK
 KRISHNA Date:
 NAIK    2024.08.19
         12:59:14
           +0530

                                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                        CIVIL APPELLATE JURISDICTION

                                                      INTERIM APPLICATION NO. 18323 OF 2022
                                                                        IN
                                                           FIRST APPEAL NO. 973 OF 2024

                              Union of India                                                      ... Applicant
                              IN THE MATTER OF :
                              Union of India                                                      ... Appellant
                                   Versus
                              Shekhar Dagdu Kothavade                                             ... Respondent

                                                                ****
                              Ms. Anamika Malhotra for the Applicant.
                              None for the Respondent.
                                                                ****

                                                                   CORAM :         M. M. SATHAYE, J.

                                                                   DATED :         16 AUGUST 2024

                              P.C.:

1. Heard learned Counsel for the Applicant. None for the Respondent

though duly served.

2. This Application is for stay to the impugned Judgment and Award

passed by Motor Accident Claims Tribunal, Nashik. The office note shows

that writ has been returned duly certified with remark that concerned

amount has already been deposited.

3. In that view of the matter, the Interim Application is allowed in terms

of prayer clause (a), which reads thus:

"(a) That this Hon'ble Court may be pleased to stay the order dated 11/02/2019 passed by the Hon'ble Judge,

60.IA.18323.2022-stay.doc

Motor Accident Claims Tribunal Nashik in MACT No. 726 of 2015."

4. The statutory amount deposited by the Applicant in this Court be

transferred to the concerned Tribunal for appropriate adjustment. Needless

to mention that the Claimants are at liberty to file application for

withdrawal of the amount, which will be decided on its own merits.

5. The Interim Application is disposed of.

(M. M. SATHAYE, J.)