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Bombay High Court

National Insurance Co. Ltd., Thr Its ... vs Deepali Sandeep Patil And Ors on 5 February, 2021

Author: V.L.Achliya

Bench: V.L.Achliya

                                                                       1234.21CA.odt
                                                 1


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

               950 CIVIL APPLICATION NO.1234 OF 2021 IN
                      FIRST APPEAL NO.119 OF 2021

                   NATIONAL INSURANCE CO. LTD.,
                               VERSUS
                DEEPALI W/O SANDEEP PATIL AND ORS
                                ...
          Mr.A.B. Gatne, Advocate for the applicant.
                                ...
                              CORAM : V.L.ACHLIYA,J.
                              DATE : 05.02.2021
          P.C.

                           The       applicant-insurance                   company
          moved this application seeking stay to the
          execution of Award passed by the Tribunal.


          2.               In brief, it is the contention of
          learned counsel for the appellant that the
          appellant has good case to succeed in appeal.
          Award passed by the Tribunal is perverse. On
          instructions,              learned         counsel           for         the
          appellant             makes       a    statement          that,          the
          appellant-applicant shall deposit the amount
          in     terms         of   award       passed   by     the      Tribunal
          within 8 weeks.


          3.               On due consideration of submissions
          advanced and the statement made across the
          Bar, the following order is passed :-




::: Uploaded on - 06/02/2021                         ::: Downloaded on - 06/02/2021 23:12:02 :::
                                                                         1234.21CA.odt
                                                2




                                              ORDER

(i) The application is allowed in terms of prayer clause "B" subject to deposit of amount within eight weeks from the date of passing of order.

(ii) Failure to deposit the amount within eight weeks, stay granted stands vacated without further reference to the Court, unless the time is extended to deposit the amount before due date.

(iii) The application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE SGA ::: Uploaded on - 06/02/2021 ::: Downloaded on - 06/02/2021 23:12:02 :::