Hdfc Ergo General Insurance Co. Ltd. Thr. Its Representative Sagar Ashok Gangurde vs Adil Lutfi Peters and Anr. — Bombay HC (2025) — LawSathi Research

Hdfc Ergo General Insurance Co. Ltd. Thr. Its Representative Sagar Ashok Gangurde vs Adil Lutfi Peters and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim stay of the operation, implementation and execution of the MACT Mumbai Judgment and Award dated 04-03-2025 in MACP No. 1285 of 2015, conditional upon the Appellant depositing Rs.2,97,89,800/- with interest at 7% per annum (from the date of the Claim Application till the date of deposit) within 6 weeks; on default the stay stands automatically vacated; liberty to the Original Claimant to apply for withdrawal of the deposited amount; Interim Application and First Appeal listed on 17th October 2025.

Issue for consideration

Whether an urgent stay should be granted of the operation, implementation and execution of the impugned Judgment and Award dated 04th March 2025 (MACT Mumbai, MACP No. 1285 of 2015), the Appellant undertaking to deposit the entire decretal amount with interest so as to fully secure the Original Claimant. +1 more

Court's answer

Ad-interim stay granted to the operation, implementation and execution of the impugned Judgment and Award dated 4th March 2025 passed by the MACT, Mumbai in MACP No. 1285 of 2015.

Ratio / Principle

Applicant/Appellant directed to deposit Rs.2,97,89,800/- together with interest at 7% per annum from the date of the Claim Application till the date of deposit, within 6 weeks from the date of the order.

Key takeaways

On failure to deposit as directed, the stay shall automatically stand vacated and the Original Claimant (Respondent No.1) shall be entitled to execute the Judgment and Award dated 4th March 2025 in accordance with law.ratio¶31
As the Original Claimant (Respondent No.1) was not before the Court, the above directions were expressly passed only as an Ad-Interim order.ratio¶32
Liberty granted to the Original Claimant (Respondent No.1) to apply to this Court for withdrawal of the amount deposited or any part thereof; any such application to be decided on its own merits and in accordance with law.

Detailed headnote1 paragraphs

ORDER (AD-INTERIM) dated 02-09-2025 - High Court of Judicature at Bombay, Civil Appellate Jurisdiction (Coram: B. P. Colabawalla & Firdosh P. Pooniwalla, JJ.) - First Appeal No. 1763 of 2025 with Interim Application No. 11383 of 2025 - HDFC Ergo General Insurance Co. Ltd. (Appellant/Applicant) v. Adil Lutfi Peters and Anr. Though not on board, the matter was taken up upon urgent mentioning: execution of the Judgment and Award dated 04-03-2025 of the Motor Accident Claims Tribunal, Mumbai in MACP No. 1285 of 2015 stood listed before the executing Court on 03-09-2025 and the insurer-appellant apprehended issuance of an attachment warrant. Senior Counsel for the appellant offered to deposit the entire decretal amount of Rs.2,97,89,800/- with interest at 7% per annum from the date of the Claim Application till deposit, submitting that the Original Claimant would thereby be fully secured. Granting ad-interim relief, the Court stayed the operation, implementation and execution of the impugned award, directing deposit of the decretal amount with interest within 6 weeks; on failure to deposit, the stay was to stand automatically vacated and the Original Claimant (Respondent No.1) left free to execute the award in accordance with law. Liberty was reserved to the Original Claimant to apply for withdrawal of the deposited amount or any part thereof, such applications to be decided on their own merits. The directions were expressly passed only as ad-interim, the claimant being unrepresented that day. The Interim Application and First Appeal were placed on board for 17-10-2025. The order discusses no statute or precedent; it rests entirely on the appellant's offer to secure the claimant by deposit.

501-FA-1763-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO. 1763 OF 2025 WITH INTERIM APPLICATION NO. 11383 OF 2025 IN

FIRST APPEAL NO. 1763 OF 2025

HDFC Ergo General Insurance Co. Ltd. Through its authorised representative Mr. Sagar Ashok Gangurde .. Applicant

In the matter between:

HDFC Ergo General Insurance Co. Ltd. Through its authorised representative Mr. Sagar Ashok Gangurde .. Appellant

Versus

Adil Lutfi Peters and Anr. .. Respondents

Sr. Advocate Surel Shah , a/w Adv. Abhishek R. Avachat, for the Appellant/Applicant .

CORAM: B. P. COLABAWALLA &

FIRDOSH P. POONIWALLA, JJ.

DATE: SEPTEMBER 2, 2025

P. C.

1. Not on board. Upon mentioning taken on board.

2. The above Interim Application has been urgently moved seeking

a stay of the impugned Judgment and Award dated 04th March 2025 passed

Darshan Patil

Page 1 of 4 SEPTEMBER 2, 2025

501-FA-1763-2025.doc

by the Motor Accident Claims Tribunal, Mumbai (MACT) in Motor Accident Claim Petition (MACP) No. 1285 of 2015.

3. The urgency is that the matter has been placed before the executing Court tomorrow, i.e. on 3rd September 2025, and the Appellant apprehends that an attachment warrant would be issued.

4. The learned Senior Counsel appearing on behalf of the Applicant/Appellant submitted that the entire decretal amount of Rs.2,97,89,800/- together with interest at 7% per annum from the date of the Claim Application till the date of deposit, would be deposited in this Court. Since the Appellant/Applicant is willing to deposit the entire decretal amount, the Original Claimant (Respondent No.1) is fully secured and hence, the exception of the impugned Judgment and Award be stayed, was the submission.

5. Having heard the learned Senior Counsel appearing on behalf of the Appellant, we pass the following order:-

(a) There shall be a stay to the operation, implementation and execution of the impugned

Page 2 of 4 SEPTEMBER 2, 2025

Darshan Patil

501-FA-1763-2025.doc

Judgment and Award dated 4th March 2025 passed by the MACT, Mumbai in MACP No. 1285 of 2015.

(b) We direct the Applicant/Appellant to deposit the amount of Rs.2,97,89,800/- together with interest at 7% per annum from the date of the Claim Application till the date of deposit. This amount shall be deposited within 6 weeks from today.

(c) If the amount is not deposited as directed above, the stay granted by us shall automatically stand vacated and the Original Claimant (Respondent No.1) shall be entitled to execute the Judgment and Award dated 4th March 2025 in accordance with law.

6. Since the Original Claimant (Respondent No.1) is not before us today, we pass the above directions only as an Ad-Interim order.

7. We also grant liberty to the Original Claimant (Respondent No.1) to make an Application to this Court for withdrawal of the amount deposited or any part thereof. If any such application is filed, the same shall be decided on its own merits and in accordance with law.

Page 3 of 4 SEPTEMBER 2, 2025

Darshan Patil

501-FA-1763-2025.doc

8. We now place the above Interim Application along with the above First Appeal on board on 17th October 2025.

9. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

Page 4 of 4 SEPTEMBER 2, 2025

Darshan Patil

Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 02/09/2025 19:57:46