Shakti Singh Shekhavat And ... vs Raghunath Singh S/O Mahabali ...
2021 Latest Caselaw 5139 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO. 1522 OF 2020
  Shri Shakti Singh Shekhavat and another V/s Shri Raghunath Singh s/o
                  Mahabali Singh Gaherwar and others.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions              Court's or Judge's orders.
and Registrar's Orders.
                   Dr. Mrs R.S. Sirpurkar, Advocate for petitioners.


                                 CORAM : V.M. DESHPANDE, J.

DATE : 22nd MARCH, 2021.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2) Heard Dr. Mrs R.S. Sirpurkar, learned counsel for the petitioners.

(3) Issue notice for final disposal to the respondents, returnable after two weeks.

(4) Learned counsel for the petitioners submits that petitioners will take Hamdast to serve the respondents.

                  (5)            Her statement is accepted.

                  (6)            Learned counsel for the petitioners prays for
                  interim relief.


                  (7)            The petitioners are the original non-applicants in
                  Workmen          Compensation        Case      i.e.   E.C.A.      Case      No.





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C-127 of 2012 in the Court of learned Judge Fourth Labour Court, Nagpur. The said case was decided on 01.11.2014, whereby the petitioners were directed to pay compensation of Rs.8,47,160/- along with interest to the respondents herein.

(8) When E.C.A. Case No. C-127 of 2012 was decided, at that time the petitioners were not duly served with the notices of the said proceedings is the submission made by the learned counsel for the petitioners and therefore, after the said award, the petitioners filed an application for setting aside the judgment. The said application was registered as W.C.A No.16 of 2015. The learned counsel has invited my attention to the order passed on the said application by the learned Commissioner under the Employees Compensation Act, Fourth Labour Court, Nagpur vide order dated 31.12.2019. Learned counsel for the petitioners submitted that the application filed on behalf of the petitioners was allowed subject to the petitioners to deposit Rs.6,35,360/- within a period of two months. She submitted that even the learned Labour Court has found that the petitioners have already deposited an amount of Rs.2,11,800/- on 23.8.2017. She submitted that she has instructions to make a submission before this Court that the petitioners are ready to deposit Rs.2,00,000/- before the learned Fourth Labour Court, Nagpur within a period of fifteen days from today.

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         (9)            Her statement is accepted.


         (10)           In view of the aforesaid, until further orders,

there shall be stay to the effect and operation to the directions given by order dated 31.12.2019 to petitioners to deposit Rs.6,35,350/-.

JUDGE Wagh