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Bombay High Court

THE NEW INDIA ASSURANCE CO LTDversusSHRI NARESH MANDAL..

Decided
Disposal
Disposed Off

Holding

The court stayed the operation of the impugned order until the final appeal is disposed.

Summary

The New India Assurance Co. Ltd. filed a civil application seeking relief against an order affecting its claim. The appellant's counsel, Mr. Himanshu Takke, submitted that the insurance company had already deposited the decree amount with the Motor Accident Claims Tribunal. The court accepted this statement as a basis to intervene. Consequently, the court stayed the operation of the impugned order pending the disposal of the final appeal. The civil application was thereafter disposed of by the court.

Issues considered

  • Whether the operation of the impugned order can be stayed pending the final appeal?

Subjects

  • insurance
  • motor accident claims
  • stay of order
  • decree deposit
  • civil application

Judgment

               ppn                                 1                           903.caf-2731.12.doc



             Digitally signed
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             by PRACHI                  CIVIL APPELLATE JURISDICTION
PRACHI       PRANESH
PRANESH      NANDIWADEKAR
NANDIWADEKAR
             Date: 2026.04.18
             15:00:48 +0530
                                     CIVIL APPLICATION NO.2731 OF 2012
                                                       IN
                                    FIRST APPEAL (ST.) NO.21052 OF 2012

              The New India Assurance Co. Ltd.                     ….Applicant/Appellant
                     V/s.
              Naresh Mandal                                       .…Respondent
                                                ----
              Mr. Himanshu Takke i/by Mr. Milind More for the appellant/applicant.
              None for respondent no.2.
                                                   ----
                                                   CORAM : JITENDRA JAIN, J.
                                                   DATED : 18th April 2026
              P.C. :

              1.       Mr. Takke, learned counsel for the applicant states that the insurance
              company has deposited the decreetal amount with the Motor Accident
              Claims Tribunal.

              2.       Accepting the said statement, operation of the impugned order is
              stayed till disposal of the final appeal.

              3.       Civil application is disposed of.


                                                                  (JITENDRA JAIN, J.)


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