T P Clam Manager, Royal Sundaram General ... vs Vishnu Dhondiba Jagtap And Others
2024 Latest Caselaw 14639 Bom

Bombay High Court

T P Clam Manager, Royal Sundaram General ... vs Vishnu Dhondiba Jagtap And Others on 7 May, 2024

                               1                     17ca4066.24



      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

             17 CIVIL APPLICATION NO. 4066 OF 2024
                       IN FAST/10066/2024

        T P CLAM MANAGER, ROYAL SUNDARAM GENERAL
                      INSURANCE CO LTD
                           VERSUS
             VISHNU DHONDIBA JAGTAP AND OTHERS

                                 ...
          Advocate for Applicant : Mr. Deshmukh Mohit R.
     Advocate for Respondent Nos. 1 & 2 : Mr. Shaikh Mazhar A.
                             Jahagirdar
                                 ...


                                   CORAM : S. G. MEHARE, J.

                                   DATE       : 07th MAY, 2024.

PER COURT :

1. None appears for the Caveator.

2. Learned Counsel for the applicant submits that the

caveat copy is yet not served upon him.

3. Learned Counsel for the Caveator to supply a copy of

the caveat to the applicant.

2 17ca4066.24

4. Issue notice to the respondents, returnable on

05.08.2024.

5. Learned Counsel for the appellant submits that the

cheque issued for the payment of premium was dishonoured.

The learned Tribunal hold that the said cheque was

dishonoured, therefore, insurance contract was not in force

even then, the pay and recover order is passed.

6. In view of the submissions, and grounds raised in

the application, there shall be interim stay to the execution and

implementation of the impugned judgment and award, till next

date, on conditions that the entire compensation amount be

deposited with this Court, within eight weeks from today. There

shall be no extension of time. If the amount is not deposited,

the stay would be automatically vacated.

( S. G. MEHARE ) JUDGE

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