Bajaj Allianz General Insurance Company Limited vs. Madhuri Trading Company

Court:High Court of Andhra Pradesh

Judge:Hon'ble D.V.S.S.Somayajulu

Case Status:Unknown Status

Order Date:7 Feb 2023

CNR:APHC010466452022

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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

SL.<br>NO.	DATE	ORDER
3.	07.02.2023	DVSS, J<br>& BSS,J
		I.A.No.1 of 2022
		This interlocutory application is filed to
		condone the delay of 98 days in filing the
		appeal.
		Learned senior counsel appearing for
		the respondents has no objection.
		After considering the submissions made
		and contents in the affidavit, this Court is of
		the opinion that sufficient cause is made out
		to condone the delay in filing<br>the appeal.
		This<br>interlocutory<br>application<br>is
		therefore allowed.
		__________
		DVSS,J

		_________
		BSS,J
		I.A.No.2 of 2022
		Heard<br>learned<br>counsel<br>for<br>the
		appellants<br>and<br>learned<br>senior<br>counsel
		appearing for the respondents.
		As rightly pointed out by the learned
		senior counsel<br>that the decree passed is a
		contested<br>decree.<br>Evidence,<br>both<br>oral<br>and
		documentary was considered. In that view of

SL.<br>NO.	DATE	ORDER	OFFICE<br>NOTE
		the matter granting stay without condition is
		not warranted.
		Therefore,<br>there shall be interim stay as
		prayed for.<br>Since the Execution Petition has
		already<br>been<br>filed<br>and<br>listed<br>for<br>hearing
		tomorrow,<br>the appellant shall deposit 50%<br>of
		the amount awarded namely Rs.40,10,038/-
		(Rupees Forty Lakhs Ten Thousand and Thirty
		Eight only)<br>along with interest at 12%<br>per
		annum from the date of suit till the date of the
		deposit<br>and suit costs,<br>within a period of four
		(04) weeks from the date of receipt of a copy of
		this order.
		Needless to say if the said deposit is not
		made,<br>the<br>order<br>shall<br>be<br>vacated
		automatically.
		__________<br>DVSS,J
		_________<br>BSS,J
		A.S.No.237 of 2022
		List the matter on 07.03.2023.
		__________<br>DVSS,J
		_________<br>BSS,J
		AG