Disposed¶19

Cholamandalam Ms General Insurance Co.Ltd., Mumbai v. Ganesh Waman Suki and Ors.

Bombay HC27 Jan 2025IA/16168/2024

Case brief

AI extract

What is this about?

Bombay High Court interim order (Sethna J., 27-01-2025) in IA No. 16168 of 2024 arising out of First Appeal (ST) No. 31911 of 2024; insurer Cholamandalam MS General Insurance vs. claimants Ganesh Waman Suki and others; conditional stay of trial Court award dated 15-06-2024 subject to deposit of decretal sum Rs. 9,89,000/- with 5% interest within 4 weeks; motor accident compensation / no fault liability context; compliance returnable 27-02-2025.

What did the court decide?

Conditional stay of the trial Court's judgment dated 15 June 2024: the said order shall not be acted upon provided the appellant/applicant deposits the entire decretal amount of Rs.9,89,000/- with interest within 4 weeks; compliance listed for 27 February 2025. ¶19

Cholamandalam Ms General Insurance Co.Ltd., Mumbai vs Ganesh Waman Suki and Ors. — Bombay HC (2025) — LawSathi Research

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7-IA-16168-2024 (C).DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 16168 OF 2024

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FIRST APPEAL(ST) NO. 31911 OF 2024

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Cholamandalam Ms General Insurance Co. Ltd., Mumbai ...Applicant Versus

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Ganesh Waman Suki And Ors. ...Respondents

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Ms. Deepika Prabhala i/b. Res Juris, for the Appellant/Applicant.

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Digitally signed PALLAVIMAHENDRAWARGAONKAR by PALLAVIMAHENDRAWARGAONKARDate:2025.01.29 13:39:47 +0530

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CORAM : ADVAIT M. SETHNA, J.

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DATE : 27 JANUARY 2025

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P.C.:

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The learned Advocate for the Applicant/Appellant submits that

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the Applicant/Appellant (opposite party) undertakes to deposit the entire decretal amount of Rs.9,89,000/- with interest as set out in paragraph (B) of the judgment of the trial Court which reads thus:-

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“(B) The respondent No.1 to 3 do pay and deposit Rs.9,89,000/(Rs. Nine Lacs Eighty Nine Thousands Only) jointly and severally to the claimant inclusive of the amount of “no fault liability” with interest @ 5% p.a. from the date of institution of the petition till its actual realization, within three months from the date of this award in the Saving Bank account of the Tribunal bearing Savings Account No.30995457686 with State Bank of India, Branch - Sindhudurgnagari, Tal. Kudal (IFSC Code – SBIN0004511) by RTGS/NEFT. Thereafter, said amount be transferred to the account of the claimant as per the Award by DBT/RTGS or NEFT.”

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Pallavi Wargaonkar, PS

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7-IA-16168-2024 (C).DOC

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Subject to the appellant/applicant (opposite party) making such deposit within a period of 4 weeks as undertaken by the learned Advocate for the Applicant/Appellant in terms of the judgment of the trial Court dated 15 June 2024, such order shall not be acted upon.

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With the above directions the Interim Application stands disposed of. List for compliance on 27 February 2025.

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(ADVAIT M. SETHNA, J.)

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Pallavi Wargaonkar, PS

Cholamandalam Ms General Insurance Co.Ltd., Mumbai v. Ganesh Waman Suki and Ors.

Case brief

What is this about?

What did the court decide?

Cholamandalam Ms General Insurance Co.Ltd., Mumbai v. Ganesh Waman Suki and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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