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2023 Supreme(Bom) 2141

ABHAY AHUJA
Shriram General Insurance Company Limited – Appellant
Versus
Sou. Jyoti Vithoba Nahire – Respondent


Advocates appeared:
Mr. Pandey, learned Counsel (upon invitation by Court) Mr. Rahul Mehta i/b KMC legal Ventures, Advocate for the Applicant/Appellant in CAF/655/2018, CAF/656/2018 and FA(ST) No./25979/2017, Mr. Yuvraj P Narvankar with Mr. Sandesh S. Darade, Advocates for the Applicant/Appellant in IA/14068/2023, IA/14070/2023 and FAST NO/13289/2023, Ms. Varsha Chavan, Advocate for the Applicant/Appellant in IA/13789/2023, IA/13790/2023 and FAST NO/15533/2023. Mr. Rahul Mehta i/b KMC legal Ventures, Advocate for the Applicant/Appellant in IA/14002/2023, IA/14003/2023 and FAST NO/16797/2023.

ORDER

1. By these interim applications, the Applicants are seeking stay of the operation, implementation and execution of the respective impugned judgments and awards passed by the respective Motor Accident Claims Tribunals.

2. Since an issue was raised with respect to the interpretation/construction of sub-rule (3) of Rule 3-A of Order XLI of the Code of Civil Procedure, 1908 ( the 'CPC') which directs that the Court shall not make order of stay of execution pending disposal of the application for condonation of delay made under Order XLI Rule 3-A (1) as to whether the said Rule was imperative or permissive, this Court had vide order dated 3rd August, 2023 in Interim Applications no. 13789 of 2023 and 13790 of 2023 in First Appeal Stamp No. 15533 of 2023 after briefly hearing the learned Counsel for the applicant in the light of Division Bench decision of this Court ( by Hon'ble Shri Justice G. H. Guttal and Hon'ble Shri Justice P. V. Nirgudkar, as their Lordships then were) in the case of Bhagwan s/Ganpantrao Godsay Vs. Kachrulal s/Bastimal Samdariya and in connected matters Civil Revision Applications No. 6, 8, 9 and 10 of 1986 decided on 23rd January, 1987 had invited other learn

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