Bombay High Court
Smt.Geeta Nivrutti@ Baban Dond ... vs The United India Insurance Company ... on 11 February, 2020
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
503-caf763-14.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.763 OF 2014
WITH
CIVIL APPLICATION NO.762 OF 2014
WITH
CIVIL APPLICATION NO.763 OF 2014
WITH
CIVIL APPLICATION (STAMP) NO.348 OF 2019
IN
FIRST APPEAL (STAMP)NO.3842 OF 2014
United India Insurance Co. Ltd. ...Applicant
...Appellant
V/s.
Smt.Geeta Nivrutti @ Baban Dond & Ors. ...Respondents
Mr.Rahul Mehta i/b M/s.KMC Legal Venture for the Applicant /
Appellant.
None for the Respondents.
CORAM : R.D. DHANUKA, J.
DATE : 11TH FEBRUARY, 2020.
P.C. :-
1. The papers are allowed to be produced at 3.00 p.m.
2. Mr.Mehta, learned counsel appearing for the applicant states that the respondents have filed the execution application and undertakes that the applicant would deposit the entire amount which is awarded by the MACT, Mumbai in MACP No.2277 of 2000 to be computed with interest upto the date of deposit within four weeks from today. The undertaking is accepted. It is made clear that no further extension of time would be granted. The applicant is directed 1/3 ::: Uploaded on - 15/02/2020 ::: Downloaded on - 08/06/2020 18:04:32 ::: 503-caf763-14.doc to convey this order to the respondents for compliance and information.
3. In view of the undertaking rendered by the learned counsel for the applicant, there shall be ad-interim relief in terms of prayer clause (a) of the civil application. Upon deposit of the amount, the respondent no.1 would be at liberty to withdraw at this stage 1/3rd of the 50% of the amount that would be deposited by the applicant before the concerned MACT upon furnishing an undertaking before the concerned MACT to the effect that if she fails in this First Appeal, she will return the amount with interest at such rate as may be directed by this Court at the time of disposal of the First Appeal.
4. Insofar as the respondent nos.2 and 3 are concerned, they being minor, two third of 50% shall be deposited in the fixed deposit of a nationalized bank initially for a period of one year and thereafter for like period depending upon the pendency of this Court. The respondent no.1 would be at liberty to withdraw the amount of interest that would accrued on the said fixed deposit for the purpose of maintenance of the respondent nos.2 and 3.
5. If the respondent no.1 does not file an undertaking within the aforesaid period, the amount that would be deposited by the applicant shall be invested by the concerned MACT in the fixed deposit of a nationalized bank in the same manner initially for the period of one year and thereafter for like period depending upon the 2/3 ::: Uploaded on - 15/02/2020 ::: Downloaded on - 08/06/2020 18:04:32 ::: 503-caf763-14.doc pendency of the First Appeal. Balance 50% amount shall be invested in the fixed deposit in the same manner for the same period.
6. Place the civil application along with Civil Application No.762 of 2014 on the returnable date.
7. All parties as well as the Tribunal to act on the authenticated copy of this order.
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