M/S Uma Enterprises, Thr. Prop. ... vs Smt. Keya Wd/O Amitava Roy
2021 Latest Caselaw 7405 Bom

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57.20.odt




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH : NAGPUR
                     CIVIL APPLICATION (CAF) NO.498 OF 2021
                                       IN
                           FIRST APPEAL NO.57 OF 2020
                                  M/s Uma Enterprises and another
                                               VS.
                                   Smt. Keya wd/o Amitava Roy
Office     Notes,   Office                           Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                              Shri Sunil D. Shukla, Advocate for the appellants.
                              Shri Shantanu S. Ghate, Advocate for respondent.

                                            CORAM : S.M. MODAK, J.

DATE : 07.05.2021.

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

CIVIL APPLICATION NO.498 OF 2021

Heard Shri Sunil Shukla, Advocate for the appellants and Shri S.S. Ghate, learned Advocate for the respondent.

2. The Commissioner under Employees Compensation Act, 3rd Labour Court, Nagpur as per the judgment dated 22nd July, 2019 was pleased to quantify the compensation to the tune of Rs.3,02,625/-. The appellants have having a serious dispute about the findings.

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57.20.odt

3. The appellants have deposited Rs.3,02625/- towards principle amount and Rs.3,23,809/- towards the interest before the Labour Court. By keeping all the issues open. I think the respondent can be permitted to withdraw 50% of those amounts. Already this Court has granted similar order in First Appeal No.58/2020.

4. In view of that, following order is passed:-

1. The office of the Labour Court Nagpur is directed to transfer 50% of the amount of Rs.3,02625/- and Rs.3,23,809/- along with accrued interest in the bank account of respondent Smt. Keya Amitava Roy after complying the office procedure.

2. It is clarified that interest means the interest accrued on the amount deposited with the Labour Court and which is reinvested by the Labour Court. After that the remaining amount be deposited in the fixed deposit.

3. The Civil Application is disposed of.

FIRST APPEAL NO.57 OF 2020

1. Matter be kept on 7th June, 2021 for hearing on the point of admission.

(S.M. Modak, J.)

Manisha