Tata Aig General Insurance Co. Ltd vs Shri. Surender Jagdish Bind And ...
2021 Latest Caselaw 1023 Bom

                                                                  10-IA-3187-2020.doc


           Shailaja
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.3187 OF 2020
                                                   IN
                                       FIRST APPEAL NO.19 OF 2021


           Tata AIG Genral Insurance Co. Ltd. ]              Applicant
                              Vs.
           Surender Jagdish Bind and another ]               Respondents
                                                  .....
           Mr. D.S. Joshi, for Applicant.
           None for Respondents.
                                                  .....

                                                CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                DATE      : 15th JANUARY, 2021.

           P.C.

1. Heard Mr. Joshi, learned Counsel for the applicant.

2. Learned Counsel for the applicant-original insurer submits that the applicant has already deposited entire decretal amount of compensation before the learned Commissioner in view of proviso 30 of the Employees Compensation Act, 1923.

3. It is submitted that respondent No.1-original claimant has filed an application for withdrawal of the said amount and it was kept for passing order today itself. It is further submitted that if the applicant is allowed to withdraw the entire amount of Digitally signed by Shailaja Shailaja S.

S.              Halkude
                Date: 2021.01.18
Halkude         12:04:00 +0530
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                                                   10-IA-3187-2020.doc

compensation, the applicant would suffer irreparable loss. It is submitted that there is substantial question of law involved in this appeal.

4. In view of the circumstances, there shall be ad-interim relief in terms of prayer clause (a) which reads thus;

"(a) Pending the hearing and final disposal of the appeal, this Hon'ble Court, by an order of stay, may kindly stay the operation, implementation and execution of the impugned Judgment and Award dated 09/01/2020 passed by Commissioner for Workmen's Compensation Thane, in Application (ECA) No. 338/C-86 of 2019".

5. However, the respondents are at liberty to withdraw 50% of the amount of compensation awarded by the Commissioner subject to an undertaking that in case the applicant succeeds,the respondents shall refund the amount with interest as may be determined at the time of deciding the appeal finally.

6. Issue notice to the respondents returnable on 23rd February, 2021.

7. In addition to the Court's notice, the applicant shall serve the respondents with a private notice and shall file an affidavit.

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8. This order will be digitally signed by the Personal Assistant of this Court. All concerned shall act on production by fax or e- mail of a digitally signed copy of this order.

[PRITHVIRAJ K. CHAVAN, J.]

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