The New India Assurance Co.Ltd vs Shri Nigaum Shreesingasan Tiwari ...
2017 Latest Caselaw 6246 Bom

Sherla V.



                                                                        caf.4217.2014+_501.doc


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                 CIVIL APPLICATION NO.4217 OF 2014
                                                 IN
                                 FIRST APPEAL st. NO.35578 OF 2013
                                                with
                                 CIVIL APPLICATION NO.1399 OF 2015
                                                 IN
                                 FIRST APPEAL st. NO.35578 OF 2013

            The New India Assurance Co. Ltd.                    ... Applicant

                    Vs.

            Shri Nigaum S. Tiwari & anr.                                ... Respondents


            Mr.D.R. Mahadik for the Applicant
            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.4217 of 2014 is filed for condonation of

delay of 83 days in preferring the appeal. Issue notice to the

respondents, returnable on 27.9.2017.

CIVIL APPLICATION NO.1399 OF 2015:-

3. By this Civil Application, the applicant / insurance Company

seeks stay to the operation and execution of the impugned

caf.4217.2014+_501.doc

judgement and award dated 30.5.2013 passed by the learned

Commissioner for Workmen's Compensation and Judge, Second

Labour Court, Thane, Application (WCA) No.463/C-101 of 2008. 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 six weeks.

4. In view of the above, issue notice to the respondents,

returnable on 27.9.2017. Till then, there shall be an ad-interim stay

to the operation and execution of the impugned judgement and

award dated 30.5.2013 passed by the learned Commissioner for

Workmen's Compensation and Judge, Second Labour Court, Thane,

Application (WCA) No.463/C-101 of 2008, subject to the applicant

depositing with the Commissioner for Workmen's Compensation,

Thane, the entire decretal amount alongwith interest accrued

thereon, within a period of six weeks from today.

5. S.O. to 27.9.2017.

(MRIDULA BHATKAR, J.)