IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.5673 OF 2009 IN FIRST APPEAL NO.1265 OF 2009 The New India Assurance Company Ltd., Applicant V/s Vujaymala Dashrath Gaikwad and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. A.B. Kadethankar, Advocate for Applicant. Mr. S.S. Chapalgaonkar, Advocate for Respondent Nos.1 to 4. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 5th September, 2009. PER COURT : 1. This is an application for stay to the effect, operation and implementation of the Judgment and Award dated 11.02.2009 passed by the Motor Accident Claims Tribunal, Beed in Motor Accident Claim Petition No.53/2006. The award is for an amount of Rs.1,00,000/- with interest at the rate of 9% p.a. from the date of application i.e. 08.03.2006 till its realisation. 2. The learned Counsel for the appellant states that, the appellant has already deposited an amount of Rs.25,000/- towards statutory deposit on 15.06.2009. On 16th June, 2009, this Court had expressed that, the matter can be finally heard at the stage of admission and therefore it was directed that the order underchallenge shall not be executed against the Insurance Company. The learned Counsel for the appellant states that, the issue involved in the present Appeal is pending for decision by the Larger Bench of Apex Court and hence the matter will have to be admitted till the decision of the Apex Court. 3. In view of the fact that, the issue involved in the present Appeal is being considered by the Larger bench of Apex Court, the matter is admitted. Hence award in question being in nature of money decree, the appellant Insurance Company is directed to deposit balance amount within a period of four weeks from today. Upon such deposit, there shall be interim stay in terms of prayer clause `B' which shall operate and continue pending the decision of Appeal. If the amount is not deposited within stipulated period, the interim stay shall stands vacated without reference to the court. 4. In view of above, the Civil Application shall stands disposed of. (R.K. DESHPANDE) JUDGE GAS/ca5673.09