1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.13207 OF 2008 IN FIRST APPEAL NO.30 OF 2009 New India Assurance Co. Ltd., Applicant V/s Vijay Rajabhau Hajare and another. Respondents ------------------------------------------------------------------------------------------------------- Mr. Dhananjay Deshpande, Advocate for Applicant. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 12th October, 2009. PER COURT : 1. Heard Shri.Dhananjay Deshpande, the learned Counsel appearing for the applicant. 2. By an order dated 24th September, 2009, this Court granted stay to the execution and operation of the judgment and award dated 20.08.2008 passed by the Motor Accident Claims Tribunal, Ambajogai in M.AC. No.74/2006 in view of the statement made by the learned Counsel appearing for the applicant that the applicant shall deposit the entire amount of award within a period of four weeks, excluding the amount of 2 Rs.25,000/- towards no fault liability and the amount of Rs.25,000/- towards statutory deposit, which have been already deposited in the Tribunal and this Court respectively. 3. Now, the learned Counsel appearing for the applicant states that, due to inadvertence, it was not brought to the notice of this Court that the entire amount under award has been deposited in this Court on 24th March, 2009 itself and hence the aforesaid conditional order was passed by this Court. 4. If it is the fact that the entire amount has already been deposited by the appellant, then there shall be no question of appellant to further deposit any amount in this Court. The order dated 24th September, 2009 thus granting stay stands clarified, and the stay shall be operative in terms of prayer clause `B’ of the civil application till the decision of the First Appeal. (R.K. DESHPANDE) JUDGE GAS/ca13207.08(1)