Bajaj Allianz General Insurance ... vs Shri. Prashant Balaji Sudke And ...
2021 Latest Caselaw 11253 Bom

                                                      6A.IA 1572-20 IN FAST 2311-20.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 1572 OF 2020
                                       IN
                       FIRST APPEAL (ST.) NO. 2311 OF 2020


 Bajaj Allianz General Insurance Co. Ltd.       ... Applicant/Appellant
              Vs.
 Prashant Balaji Sudke & Anr.                   ... Respondents

 Mr. D. S. Joshi, Advocate for the Applicant / Appellant

                               CORAM      :     ABHAY AHUJA, J.

                               DATE       :     18th AUGUST 2021

 PC:

 1.        Heard.

2. By this application, the Applicant is seeking stay of the judgment

and award dated 5th January 2019 passed by the Commissioner for

Workmen's Compensation, Mumbai in WCA No. 224/C-68 of 2016

directing Appellant-insurance to pay compensation with interest.

3. Learned counsel Mr. Joshi has also drawn the attention of this

Court to Section 30 of the Workmen's Compensation Act, 1923 (now

known as "Employees Compensation Act") to submit that pursuant to

the 3rd proviso, the Applicant has had to deposit the entire

compensation amount with the Commissioner so as to file the present

Appeal. He submits that there is an apprehension that the said amount

may be withdrawn by the Respondents unless the stay is granted in the

Nikita Gadgil 1 of 2

6A.IA 1572-20 IN FAST 2311-20.odt

matter.

4. After perusing the papers and after hearing learned Counsel Mr.

Joshi, this Court is of the view that once the Commissioner is informed

that the appeal is pending before this Court, without an appropriate

application filed before this Court by the Respondents, no amount

could be withdrawn by the Respondent from the office of the

Commissioner.

5. In this view of the matter, issue notice to the Respondents,

returnable on 16th September 2021.

6. Applicant is permitted to serve by private mode and file affidavit

of service with tangible proof by the next date.

7. List the matter on 16th September 2021.

                                                ( ABHAY AHUJA, J. )




 Nikita Gadgil                                                             2 of 2