The New India Assurance Co Ltd. ... vs Ibrahim Baig K.Mirza And (Father ...
2021 Latest Caselaw 15107 Bom

                                 1/2                           22 FAST-97097-20.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                  FIRST APPEAL (ST) NO.97097 OF 2020
                                   WITH
                 INTERIM APPLICATION NO.2942 OF 2021
                                   WITH
           INTERIM APPLICATION (ST) NO.97099 OF 2020


The New India Assurance Co. Ltd.
through its Authorised Sourin Saha                ..        Appellant
        Versus
Ibrahim Baig K.Mirza (father of the
deceased) & Ors.                             ..   Respondents


                                       ...

Ms.Deepika Prabhala i/b Res Juris for the Appellant.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 20th OCTOBER, 2021

P.C:-

INTERIM APPLICATION (ST) NO.97099 OF 2020

1. This application is taken out, seeking condonation of delay of 305 days in presenting the First Appeal, being aggrieved by the Judgment and Order dated 20/11/2019, passed by the learned Commissioner, Labour Court, Thane.

2. The applicant is permitted to fll in the blank in prayer clause (b) of the application by inserting the number of days,

M.M.Salgaonkar

2/2 22 FAST-97097-20.doc

which has been calculated by the offce to be the delay in presenting the First Appeal. The necessary amendment be carried out forthwith.

3. Issue notice to the Respondents, making it returnable on 29/11/2021.

INTERIM APPLICATION NO.2942 OF 2021

4. By the present application, the Applicant is seeking stay to the execution, implementation and operation of Judgment and Award dated 20/11/2017 passed by the learned Commissioner for Employee's Compensation and Judge, Third Labour Court, Thane in Application (WCA) No.137/B-35/2016.

It is submitted by the learned counsel for the Applicant that the Applicant has a good case on merits and, therefore, stay shall be granted. A statement is made to the effect that the amount of Rs.11,81,759/- has been deposited before the Commissioner for Employee's Compensation, Thane, under protest on 01/12/2020. The receipt issued to that effect is taken on record and marked 'X' for identifcation. In view of the deposit of amount in the lower Court, there shall be a stay to the effect and operation of the impugned judgment.

FIRST APPEAL (ST) NO.97097 OF 2020

Issue notice to the Respondents, making it returnable on 29/11/2021.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar