1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 585 OF 2010 IN FIRST APPEAL ST. NO. 3416 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Sjro Ramesh Cheulkar for the applicant. Ms Rina Kundu i/by R. S. Chahal for Respondent No.1. -- CORAM : A.S.OKA, J. DATE : 9TH SEPTEMBER, 2010 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the 1st Respondent. 2. The challenge in the appeal to the impugned award is on the ground that the policy was issued but cheque issued towards the premium was dishonoured and, therefore, the policy was cancelled. 3. Perusal of the finding recorded by the Tribunal shows that the policy at Exhibit-25 does not disclose that 2 the amount of premium was collected by cheque. Apart from that, no evidence has been produced by the Applicant to show that the policy was cancelled with due intimation to the insured before the date of accident. In view of these findings, no case is made out for grant of stay inasmuch as even if the Applicant succeeds in the appeal, the compensation amount can be always recovered from the insured by executing the said award without filing a separate proceeding. 4. Subject to what is observed above, no case for grant of stay is made out. The application for grant of stay is rejected. (A.S.OKA, J)