National Insurance Co. Ltd vs Shri Visheshwar Prasad ...
2021 Latest Caselaw 5112 Bom

Chitra Sonawane                                                           3-CAF-2335-2013.doc


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                            CIVIL APPLICATION NO.2335 OF 2013
                                             IN
                            FIRST APPEAL(ST)NO.13143/2013

    National Insurance Co. Ltd.                       ]...Applicant/Appellant
                     Vs.
    Visheshwar Prasad S. Saket & Anr.                 ]..Respondents.

                                              ....
    Mr.Amol Gatne, for applicant.

    None for respondent.
                                              ....

                                            CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 22ND MARCH 2021

P.C. :

1. Mr.Amol Gatne, the learned Counsel for the applicant makes a statement that the appellant has already deposited an amount of Rs.6,65,785/- in terms of the judgment and award passed by the Commissioner for Workmen Compensation, Mumbai on 31 st July 2012. Statement is accepted. This Court on 19 th July 2013 issued notice to the respondent no.1 inter-alia granting ad-interim stay to the impugned award subject to deposit of the entire amount.

2. In view of the statement made hereinabove, execution of the impugned award is required to be stayed till disposal of the appeal.

3. Order passed by the Registrar (Judicial-II) dated 13 th February

Chitra Sonawane 3-CAF-2335-2013.doc

2015 is set aside.

4. In view of oral request of Mr.Gatne, the learned Counsel for the applicant, the applicant is permitted to serve respondent no.1 with private notice in addition to Court notice returnable on 19 th April 2021.

5. In the meanwhile, liberty to respondent no.1/claimant to withdraw 50% of the amount of compensation with accrued interest.

6. The claimant shall give an Undertaking that in case the appeal succeeds he will refund the amount with accrued interest, subject to outcome of the appeal.

[PRITHVIRAJ K. CHAVAN, J.]