Allowed

United India Insurance Company Ltd. v. Mrs. Sanjivani Sanjay Pawar and Ors.

Bombay HC22 Jan 2015CAF/4173/2014

Case brief

AI extract

What is this about?

On an application preferred by an Insurance Company for a stay on the execution of a judgment and award dated November 13, 2013 passed by the MACT, Pune, the court allowed the application allowing the prayer to stay execution pending the appeal.

What did the court decide?

Stay of execution, operation and/or implementation of the judgment and award dated 13.11.2013 pending appeal.

United India Insurance Company Ltd. Vs Mrs. Sanjivani Sanjay Pawar… — Insurance | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.4173 OF 2014 IN

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FIRST APPEAL NO.1436 OF 2014

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Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

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Mr.Ketan Joshi for the appellant

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Mr.M.A.Utagikar for the respondent nos.1 to 3

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CORAM : K.K.TATED, J. DATED : 22^nd JANUARY, 2015

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PC :

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1 Not on board. At the request of advocate for applicant, matter is taken on board for urgent orders.

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2 Heard the learned counsel for the parties.

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3 This application is preferred by Insurance Company for stay of the operation and implementation of the judgment and award dated 13.11.2013 passed by learned Member, MACT, Pune in Claim Petition No.226 of 2011.

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4 The learned counsel for the applicant submits that as per order passed by this court

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they already deposited entire decreetal amount in the Tribunal.

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5 Statement is accepted.

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6 The learned counsel for the respondent claimants makes a statement that they already preferred Civil Application for withdrawal of the amount. That application will be decided on its own merits.

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7 Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

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a) Civil Application is allowed in terms of prayer clause (b) which read thus:

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“(b) Pending the hearing and final disposal of the Appeal, stay the execution, operation and/or implementation of the impugned Judgment and Award dated 13^rd November, 2013 passed by the learned Member, MACT, Pune at Pune in Claim Petition No.226 of 2011.”

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b) Application preferred by respondent claimant for withdrawal of the amount will be decided on its own merits.

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(K.K.TATED, J.)

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United India Insurance Company Ltd. v. Mrs. Sanjivani Sanjay Pawar and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Company Ltd. v. Mrs. Sanjivani Sanjay Pawar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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