Reliance Genral Insurance ... vs Manoj Tilakraj Singh And Anr
2021 Latest Caselaw 2508 Bom

                                                                        17-IA-ST-98949-2020.doc


              Shailaja
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                             INTERIM APPLICATION [STAMP] NO.98949 OF 2020
                                                      IN
                                 FIRST APPEAL [STAMP] NO.98947 OF 2020


              Reliance General Insurance Co. Ltd.               ]       Applicant
                         Vs.
              Manoj Tilakraj Singh and another.                 ]       Respondents
                                              .....
              Mr. Jitendra Gour i/b Ms. Kalpana Trivedi, for Applicant-Appellant.

              None for Respondents.
                                                     .....
                                                   CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                   DATE    : 8th FEBRUARY, 2021.

              P.C.

1. Heard Mr. Gaur, holding for Ms. Kalpana Trivedi, learned Counsel for the applicant-insurer.

2. A praecipe is moved seeking stay to the operation, implementation and execution of the judgment and order dated 31st January, 2020 passed by the Commissioner for Employee's Compensation & Judge, 6th Labour Court, Mumbai in Application (ECA) No.530/C-127 of 2014.

3. It is submitted by the learned Counsel for the applicant that entire amount of compensation with accrued interest has already

Digitally signed by Shailaja S. Shailaja S. Halkude

Halkude Date: 2021.02.09 12:35:41 +0530 1 of 2 17-IA-ST-98949-2020.doc

been deposited with Commissioner for Employees' Compensation & Judge, 6th Labour Court, Mumbai. Statement is accepted.

4. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a).

5. Respondent No.1-claimant is at liberty to withdraw 50% of the amount deposited by the applicant-insurer before the concerned Commissioner for Employee's Compensation, upon furnishing an undertaking within one week that if the applicant- insurer succeeds in the appeal, he will return the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

6. If respondent No.1-claimant does not file an undertaking within the aforesaid period before the concerned Commissioner, the amount deposited by the applicant-insurer shall be invested by the Commissioner in the fixed deposit of a Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

7. If 50% amount is withdrawn by respondent No.1-claimant, balance amount shall be invested by the concerned Commissioner in a fixed deposit as stated above, in a Nationalized Bank.

8. The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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