Bombay High Court
New India Assurance Co. Ltd vs Smt. Lembo Jogare Purty And Anr on 17 December, 2021
Bench: N. J. Jamadar
501-fa-98-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.499 OF 2021
IN
FIRST APPEAL NO.98 OF 2021
VISHAL New India Assurance Co. Ltd. ...Appellant
SUBHASH vs.
PAREKAR Lembo Jogare Purty and Anr. ...Respondents/
Digitally signed by Ori. Claimants
VISHAL SUBHASH
PAREKAR Mr. D.S. Joshi, for the Applicant.
Date: 2021.12.17
18:30:47 +0530
Mr. T.J. Mendon, for the Respondent No. 1.
CORAM : N. J. JAMADAR, J.
DATE : DECEMBER 17, 2021
P.C.:
. Not on board. Upon mentioning taken on production board.
2. Heard the learned counsel for the applicant.
3. Issue notice to the respondents.
4. Mr. Mendon, learned counsel waives notice for the respondent
No. 1.
5. The learned counsel for the applicant submits that the
applicant/appellant has deposited the entire amount of
compensation along with the interest accrued thereon in terms of
the impugned judgment and award passed by the Commissioner for
Workmen's Compensation, Mumbai in Application (WCA) No.
254/B-53 of 2017 dated 13th December, 2019. The learned counsel
further submits that respondent No. 1 has fled withdrawal
application.
Vishal Parekar, P.A. ...1
501-fa-98-2021.doc
6. The learned counsel for the respondent No. 1 opposed the
prayer of stay.
7. It was submitted that respondent No. 1 is suffering from
serious ailments and respondent No. 1 requires the amount for the
necessities of life, urgently.
8. Mr. Mendon, learned counsel for respondent No. 1 further
submitted that in view of the provisions contained in section 30 of
the Employees Compensation Act, the appeal can only be
entertained if a substantial question of law is involved.
9. Indeed, the submission on behalf of respondent No. 1 deserve
consideration. However, at this stage, till the question of admission
of the appeal is decided, it would be necessary to grant stay to the
execution, operation and implementation of the impugned judgment
and award, with liberty to the applicant/respondent No. 1 to
withdraw a portion of the amount of compensation deposited by the
applicant.
Hence, the following order.
ORDER
1] The execution, operation and implementation of the judgment
and award passed by the Commissioner for Workmen's
Compensation, Mumbai in Application (WCA) No. 254/B-53 of 2017
Vishal Parekar, P.A. ...2
501-fa-98-2021.doc
dated 13th December, 2019 stands stayed till further orders.
2] Respondent No. 1/ original applicant is permitted to withdraw
50% amount of the compensation along with interest accrued
thereon on furnishing an undertaking before the Commissioner to
bring back the said amount in the event the appeal is allowed and it
is held that the applicant is not entitled to compensation.
3] The application stands disposed of.
4] Appeal be listed for admission on 24th January, 2022.
(N. J. JAMADAR, J.)
Vishal Parekar, P.A. ...3
