Disposed

Oriental Insurance Company Ltd. v. Sandeep Eknath Bhat and Anr.

Bombay HC2 Aug 2006CAF/3278/2006

Case brief

AI extract

What is this about?

The High Court disposed of a civil application staying the execution of an award, conditioning the stay on deposit of dues. It permitted partial withdrawal without security and directed investment of the balance.

What did the court decide?

Stayed execution conditioned on deposit; permitted withdrawal of Rs.1,50,000 and interest; balance to be invested in fixed deposit.

Oriental Insurance Company Ltd. Vs Sandeep Eknath Bhat and Anr. — Bombay HC (2006) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FARAD CONTINUATION SHEET
CIVIL APPLICATION NO.3278 OF 2006
IN
FIRST APPEAL NO.1781 OF 2006

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 .............................................................
 Office Notes,Office
 memorandum of Coram,
 appearances,Court’sCourt’s or
 orders or directionsJudge’s orders
 & Registrar’s orders.
 .............................................................
CORAM: A.S.OKA, J.
DATED: AUGUST 2, 2006.
P.C.:

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1. Rule. Respondent No.1 waives service.
Service of notice to other Respondent is
dispensed with. Taken up for hearing
forthwith. The learned Advocate for the
Respondent No.1 has brought to my notice
the statements in the written submissions
made by the Applicant-Insurance Company
before the Tribunal. He has invited my
attention to the various findings recorded
by the Tribunal. Considering the facts
and circumstances of the case, Civil
Application is disposed of by passing the
following order :

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i) Execution and operation of the impugned
Judgment and Award will remain stayed
subject to the condition of the Applicant
depositing the entire amount due and
payable under the Award with the concerned

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Tribunal within a period of six weeks from
today.

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ii) If the amount is not deposited within
stipulated period, interim relief granted
will stand vacated without reference to
the court.

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iii) If the amount is deposited, the
Tribunal will permit the first

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Respondent-Claimant to withdraw a sum of
Rs.1,50,000/- without security. The
withdrawal of the said amount by the
claimant will be subject to final outcome
of the Appeal.

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iv) The Tribunal will invest the balance
amount in a fixed deposit in any
nationalised bank initially for a period
of three years and thereafter the fixed
deposit shall be renewed on yearly basis
till the final disposal of the Appeal.

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v) The Tribunal will permit the first
Respondent to withdraw the interest
accrued on the fixed deposit. The
withdrawal of the interest by the claimant
will be subject to final outcome of the
Appeal.

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. There will be no order as to costs.

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Judge.

Oriental Insurance Company Ltd. v. Sandeep Eknath Bhat and Anr.

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Ltd. v. Sandeep Eknath Bhat and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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