Shriram General Insurance ... vs Shri.Havaldar Fulchand Dubey And ...

Citation : 2017 Latest Caselaw 6278 Bom
Judgement Date : 16 August, 2017

Bombay High Court
Shriram General Insurance ... vs Shri.Havaldar Fulchand Dubey And ... on 16 August, 2017
Bench: Mridula Bhatkar
Sherla V.



                                                                        caf.2355.2017+_536.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                               CIVIL APPLICATION NO.2355 OF 2017
                                               IN
                               FIRST APPEAL ST. NO.22810 OF 2017
                                              A/W
                               CIVIL APPLICATION NO.2356 OF 2017
                                               IN
                               FIRST APPEAL ST. NO.22810 OF 2017

            Shriram General Insurance Co. Ltd.                  ... Applicant/Appellant

                    Vs.

            Havaldar Fulchand & anr.                       ... Respondents


            Mr.Nikhil Mehta i/b KMC Legal Ventures for the Applicant/Appellant
            None for Respondents

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. Civil Application No.2355 of 2017 is filed for condonation of delay of 91 days in preferring the appeal. Issue notice to the respondents, returnable after 12 weeks. CIVIL APPLICATION NO.2356 OF 2017:-

3. By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned 1/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:59:12 ::: caf.2355.2017+_536.doc judgement and award dated 4.2.2017 passed by the learned Commissioner for Employees Compensation & Judge Fourth Labour Court, Bandra, Mumbai, in Application (WCA) No.521/C-126/2014, on the ground that execution proceedings have been taken out against the insurance company. The learned Counsel for the Insurance Company submits that the insurance company is ready to deposit the entire decretal amount alongwith interest accrued thereon, within a period of eight weeks.

4. In view of the above, issue notice to the respondents, returnable after 12 weeks. Till then, there shall be an ad-interim stay to the operation and execution of the impugned judgement and order dated 4.2.2017 subject to the applicant depositing before the learned Commissioner for Employees Compensation, the entire decretal amount alongwith interest accrued thereon, within a period of eight weeks from today.

5. S.O. after 12 weeks.

(MRIDULA BHATKAR, J.) 2/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:59:12 :::