Application for stay of execution and implementation of a Motor Accident Claims Tribunal judgment allowed on condition that the applicant deposits the decretal amount within eight weeks.
Stay of execution allowed on condition that the Applicant deposits the entire decretal amount with interest and costs within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1488 OF 2009 IN
FIRST APPEAL NO. 203 OF 2012
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr. Revendranath Joshi i/b Mr. I.R. Kulkarni for the Applicant. Mr. Prakash Deshmukh for Respondent no.1. Ms. Minal Kale i/b Mr. P.G. Lad for Respondent no.3.
CORAM : K.K.TATED,J. DATE : 07/05/2012.
PC:
1 Heard the learned counsel for the parties.
2 This Application is preferred by the Assurance Company – original Opponent no.2 for stay of the execution and implementation of the judgment and award dated 23rd October, 2008 passed by the learned Member, Motor Accident Claims Tribunal at Satara in Motor Accident Claim Petition No. 209 of 2005.
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3 The learned counsel appearing on behalf of the Applicant states that as per the order dated 1st September, 2010 passed by this court in the present matter, the Applicant could not able to deposit the entire amount in the Tribunal because of want of communication. He states that because of mistake on the part of their concerned officer, Assurance Company could not able to deposit the amount in the Tribunal.
4 The learned counsel appearing on behalf of the Applicant states that Assurance Company is ready and willing to deposit the entire decretal amount with interest and costs within eight weeks from today in the Tribunal. The statement made by the learned counsel for the Applicant is accepted.
5 Considering the submissions made by the learned counsel for the Applicant and the averments made in the civil application, I am satisfied that the
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Applicant has made out case for stay of the impugned order dated 23rd October, 2008.
6 Civil Application is allowed in terms of prayer clause (a) on condition that the Applicant to deposit the entire decretal amount within eight weeks from today. The prayer clause (a) which reads thus:
“(a) This Hononourable Court by an order of stay may kindly stay the operation, execution and implementation of the Judgment and order dated 23/10/2008 passed by the Chairman, MACT, Satara in MACP No.209 of 2005.”
7 It is made clear that if the Applicants fail to deposit the entire decretal amount within stipulated time, the Respondent no.1 – original claimant is entitled to execute the decree according to law.
8 If the amount is deposited by the Applicants as stated here-in-above,
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liberty granted to the respondent – original claimant to take out appropriate application for withdrawal of the amount, if they so desire, and the same will be decided according to law.
9 Civil Application is disposed of accordingly.
(K.K.TATED, J.)
katkam
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1 issue framed by the court
Whether the applicant entitled to stay the execution of the judgment and award.
Assurance Company
Respondent no.1 (Original Claimant)
Respondent no.3
K.K.TATED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
