Shriram General Insurance ... vs Shri.Havaldar Fulchand Dubey And ...
2017 Latest Caselaw 6278 Bom

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

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.)