1 caf1835 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1835 OF 2009 IN FIRST APPEAL NO.595 OF 2009 New India Ins.Co.Ltd. ...Applicant vs. Sangita Balu Sutar & Ors. ...Respondents Mr.Ramesh Chaulkar for the applicant Mr.S.K.Shinde for the respondent nos.1 to 3 CORAM : A.S.OKA,J. DATE : OCTOBER 19, 2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for respondent nos.1 to 3. None appears for the respondent no.5. The learned counsel for the applicant pointed out that the basic contention is that a cover note at Exh.33 produced before the Tribunal was fabricated. He pointed out that the reliance has been placed on the report of the investigator which shows that the policy was never issued by the Divisional Office of the applicant at Alibag. He, therefore, submitted that stay deserves to be continued. 2 The learned counsel for respondent nos.1 to 3 invited the attention of the Court to the finding recorded in paragraph 22 of the Judgment. The finding is that the Administrative Officer of the applicant working in its Thane office was examined 2 caf1835 as a witness who admitted that the insurance cover note at Exh.33 had been issued by the Divisional Office of the applicant at Alibag and that the same bears the seal of the company. However, she stated that she had no personal knowledge regarding the cover note. The investigator on whose report the reliance has been placed by the Applicant has not been examined. No officer of the Divisional Office was examined. 3 Considering the peculiar facts, the Tribunal will have to be permitted to disburse/invest the amount as provided in impugned Judgment and Award subject to final outcome of the Appeal. 4 Hence, I pass the following order : i) The prayer for stay is rejected. The concerned Tribunal shall disburse and/or invest the compensation amount in terms of the impugned Award. Withdrawal/disbursal of the amount will be subject to final outcome of the appeal. ii)In the event, the applicant finally succeeds in the appeal, apart from applying for restitution, the applicant shall be entitled to recover the compensation amount from the insured by executing the same impugned Judgment and Award. iii)Application is disposed of on above terms. JUDGE