In a civil application seeking stay, the bench held that no case for stay exists once the award has been executed and the amount deposited. The application was rejected.
Stay application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
fa1561.12.odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
FIRST APPEAL NO.1561 OF 2012
The New India Assurance Co.Ltd. Through its Branch Manager, Jalgaon
Appellant
Versus
Smt.Priyanka wd/o Mahesh Khade
and others
Respondents
Mr. Dhananajay Deshpande, advocate for the appellant. Ms. Mutatkar, advocate holding for Mrs.Anjali Dube, advocate for Respondent Nos.1 & 2.
Mr.P.A.Kulkarni, advocate for Respondent Nos.4 & 5.
CORAM : R.M.BORDE &
S.S.SHINDE, JJ.
DATE :18th October, 2012.
PER COURT:
Heard.
Admit .
Learned Counsel for respective respondents waive
notice.
S.S.SHINDE
R.M.BORDE
JUDGE JUDGE
adb/fa1561.12
fa1561.12.odt
{2}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO.1330 OF 2012 IN FIRST APPEAL NO.1561 OF 2012
The New India Assurance Co.Ltd. Through its Branch Manager, Jalgaon
Applicant
Versus
Smt.Priyanka wd/o Mahesh Khade and others
Respondents
Mr. Dhananajay Deshpande, advocate for the applicant. Ms. Mutatkar, advocate holding for Mrs.Anjali Dube, advocate for Respondent Nos.1 & 2.
Mr.P.A.Kulkarni, advocate for Respondent Nos.4 & 5.
CORAM : R.M.BORDE &
S.S.SHINDE, JJ. DATE :18th October, 2012.
PER COURT:
Heard.
Since the award has been executed and amount has
been deposited, no case is made out for grant of stay.
Civil Application for stay, therefore, stands rejected.
S.S.SHINDE R.M.BORDE
JUDGE JUDGE
adb/fa1561.12
1 issue framed by the court
Whether a stay on execution can be granted after the award amount has been deposited.
The New India Assurance Co.Ltd. Through its Branch Manager, Jalgaon
Smt.Priyanka wd/o Mahesh Khade
R.M.BORDE
S.S.SHINDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
