Cholamandalam M.S. General Insurance ... vs Smt. Bharti Nivrutti Dugje And Ors
2024 Latest Caselaw 2602 Bom

Bombay High Court

Cholamandalam M.S. General Insurance ... vs Smt. Bharti Nivrutti Dugje And Ors on 29 January, 2024

Author: M.M.Sathaye

Bench: M.M.Sathaye

                                                                                   50-ia-15460-2023.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 15460 OF 2023
                                                       IN
                                       FIRST APPEAL (ST) NO. 1252 OF 2023

                    Divisional Officer, Cholamandalam
                    M.S. General Insurance Co. Ltd.                         ...Applicant
                           Versus
YUGANDHARA
SHARAD
                    Smt.Bharti Nivruti Dugje & Ors.                         ...Respondents
PATIL



Digitally signed
by
                                                   ****

YUGANDHARA SHARAD PATIL Date:

2024.02.01 Mr. Rajesh Kanojia i/b RES Juris for the Applicant. 13:15:37 +0530 Mr.Pritesh Bohade for the Respondents.

**** CORAM : M.M.SATHAYE J.

DATE : 29th JANUARY 2024

P.C. :

1. Learned counsel for Respondent Nos. 1 to 4 (Claimants) appears and waives service. Issue Notice to Respondent No. 5 returnable on 18.03.2024.

2. Subject to Applicant/Insurance Company depositing the entire amount under the impugned Judgment and Award with interest, in the concerned Tribunal within a period of 6 weeks from today, there shall be ad-interim stay in terms of prayer clause (b) which reads as under:

"Pending hearing and final disposal of the first appeal the execution, implementation and operation of the impugned order dated 20.04.2022 passed by the Learned Member, Motor Accident

50-ia-15460-2023.doc

claims Tribunal, Nashik, in MACP No. 464 of 2019 may kindly be stayed."

3. Amount of Statutory deposit made in this Court be transferred to concerned Tribunal in the account of concerned claim. All concerned to act on duly authenticated/digitally signed copy of this order.

[M.M.SATHAYE,J.]