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Bombay High Court

SHRIRAM GENERAL INSURANCE COMPANY LTD. THROUGH LEGAL MANAGER MR. SATPALSINGH RAJPUTversusMRS. KAYYUMA BANO MEHMOOD EKLAKH AHMED SHAIKH AND ORS.

Decided
Disposal
Allowed To be withdrawn

Holding

The court ordered restoration of the civil applications and first appeal, issuance of notice and service to respondents, and permitted deposit of the award amount to stay the impugned judgment until final disposal.

Summary

The applicant, Shriram General Insurance Co. Ltd., filed an interim application seeking restoration of two civil applications (Nos. 184 and 185 of 2019) and a first appeal (St) No. 16310 of 2018. The court ordered that notice be issued to the respondents and that the respondents be served by private notice in all permissible modes, with an affidavit of service to be filed. The matter was adjourned to 5 January 2024. The applicant was also permitted to deposit the entire award amount with accrued interest at the MACT, Vasai, which would stay the impugned judgment and award until the civil applications are disposed of. The order provides procedural directions to ensure the pending proceedings continue and the award is secured pending final determination.

Issues considered

  • Whether the civil applications and the first appeal may be restored.
  • Whether notice and service to respondents should be ordered.
  • Whether the award amount should be deposited to stay the impugned judgment pending disposal of the applications.

Subjects

  • restoration of suit
  • stay of judgment
  • deposit of award
  • civil procedure
  • insurance claim

Judgment

                                                                                    504-IA-17039-2023.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.17039 OF 2023
                                                              IN
                                              FIRST APPEAL (ST) NO.16310 OF 2018

                             Shriram General Insurance Co. Ltd.,
                             Through Legal Manager Mr. Satpalsingh
                             Rajput                                       ...Applicant
                                   Versus
                             Mrs. Kayyuma Bano Mehmood Eklakh
                             Ahmed Sahikh & Ors.                          ...Respondents
                                          ____________________________________
                             Mr. Nikhil Mehta i/by KMC Legal Venture for Applicant.
                                          ____________________________________

                                                            CORAM      : RAJESH S. PATIL, J.


                                                            DATED      : 4 NOVEMBER, 2023.
                             P.C.:

                             1.      This Application is filed to restore the Civil Application

                             No.184 of 2019 and Civil Application No.185 of 2019, along with

                             First Appeal (St) No.16310 of 2018.


                             2.            Issue Notice to Respondent, returnable after eight weeks.

                             Apart from the Court notice, the Applicant is permitted to serve the
          Digitally signed
          by SUNNY
SUNNY     ANKUSHRAO
ANKUSHRAO THOTE
THOTE     Date:
          2023.11.07
                             Respondents by private notice by all permissible modes of service
          10:59:59 +0530




                             and file Affidavit of Service before the next date of hearing.


                             3.            Stand over to 5 January, 2024.




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                             Sunny Thote
                                                     504-IA-17039-2023.doc


4.            In the meantime, the Applicant is permitted to deposit

the entire Award amount along with accrued interest before the

MACT, Vasai, on deposit of the said amount, there will be Stay to

the impugned Judgment and Award till the disposal of the Civil

Applications.


                                             (RAJESH S. PATIL, J.)




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Sunny Thote


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