Single judge order on interim application seeking stay on execution of Motor Accident Claims Tribunal award. Court granted ad-interim stay upon undertaking by applicant to deposit amount.
Ad-interim stay granted on execution of award pending appeal upon undertaking to deposit amount.
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.
4-4320-2019-IA-stay=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4320 OF 2019
IN
FIRST APPEAL (ST.) NO. 31817 OF 2019
Bajaj Alliance General Insurance Co. Ltd. .. Applicant
Vs.
Smt. Surekha Vaman Darekar & Ors. .. Respondents
Mr. D.S. Joshi for the applicant
None for the respondents
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 8th APRIL, 2021
(Through Video Conferencing)
P.C.
1.Mr. Joshi, learned Counsel for the applicant – insurer prays
for staying the execution of the impugned judgment and award
passed in M.A.C.P. No. 271 of 2015 by the M.A.C.T., Thane on
1st December, 2018 by contending that the execution proceedings
have been taken out and if the award impugned is executed, the
purpose of filing the appeal would be frustrated.
2.Mr. Joshi, learned Counsel for the applicant – insurer, on
instructions, undertakes to deposit the entire amount with up-to-
date interest in M.A.C.T., Thane within four weeks from today.
Statement is accepted.
3. In view of the said statement, there shall be ad-interim relief
in terms of prayer clause (a) of the application, which reads thus :-
1 of 3
4-4320-2019-IA-stay=.doc
“(a) Pending the hearing and final disposal of the appeal, this
Hon’ble Court, by an order of stay, may kindly stay the
operation, implementation and execution of the part of the
impugned Judgment and Award dated 01/12/2018 passed by
the Motor Accident Claims Tribunal, Thane in M.A.C.P. No. 271
of 2015.”
4.If the applicant fails to deposit the entire amount within four
weeks, ad-interim relief shall stand vacated without further
reference to the Court.
5.After depositing the amount, the applicant shall inform the
respondents-claimants about the factum of deposit within two
weeks.
6.The respondents are at liberty to withdraw 50% of the
amount that would be deposited by the applicant before the
concerned M.A.C.T upon furnishing an undertaking within two
weeks that if the appellant succeeds in the appeal, the respondents
shall refund the amount with interest at such rate as would be
directed by this Court depending upon the outcome of the first
appeal.
7.If respondents do not file an undertaking within the
aforesaid period, the amount that would be deposited by the
applicant shall be invested by the M.A.C.T in a fixed deposit in any
Nationalized Bank for a period of one year and thereafter for one
more year again after obtaining order from this Court.
2 of 3
4-4320-2019-IA-stay=.doc
8.If 50% amount is withdrawn by the respondents, balance
amount shall be invested by the M.A.C.T in a fixed deposit as
stated above, in a Nationalized Bank.
9. The application stands disposed of.
(PRITHVIRAJ K. CHAVAN, J.)
3 of 3
Bajaj Alliance General Insurance Co. Ltd.
Smt. Surekha Vaman Darekar
Prithviraj K. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court