Bombay High Court
The New India Assurance Company ... vs Kunal Mohan Mhatre And Anr on 29 September, 2021
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST.) NO.14054 OF 2021
ALONG WITH
INTERIM APPLICATION NO.1824 OF 2021
ALONG WITH
INTERIM APPLICATION NO.1823 OF 2021
The New India Assurance Co.
Limited, Mumbai. .. Appellant
Vs.
Kunal Mohan Mhatre & Anr. .. Respondents
...
Ms. Sneha S. Dwivedi for the Appellant.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 29TH SEPTEMBER, 2021.
P.C:-
INTERIM APPLICATION NO.1823 OF 2021
1. By this Application, the Appellant seeks condonation of
delay of 1 year and 242 days in filing the appeal assailing the
judgment and order dated 27/08/2019 passed by the
Commissioner of Employees' Compensation and Judge, Second
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Labour Court, Thane, in (ECA) No.316/C-82/2010.
2. Reasons have been offered justifying the delay in not
instituting the appeal within the time prescribed. Issue notice to
Respondent Nos.1 and 2, making it returnable on 17/11/2021.
The Appellant is also permitted to serve by private service of
notice.
3. The Appellant has complied with the earlier direction of
this court and has placed the compilation of documents, on
record.
INTERIM APPLICATION NO.1824 OF 2021
4. By the present Application, the Appellant seeks stay of the
effect, operation and execution of the impugned judgment dated
27/08/2019 passed by the Commissioner of Employees'
Compensation and Judge, Second Labour Court, Thane, in
(ECA) No.316/C-82/2010.
5. Though the judgment is assailed on its merits, learned
counsel for the Appellant states that the entire decretal amount
pursuant to the impugned judgment has been deposited in the
Labour Court, Thane, without prejudice to the rights and
contentions of the Appellant. She also makes a specific
statement that an Application has been preferred by the
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Claimants before the Labour Court, Thane, to withdraw the said
amount. The aforesaid statement of learned counsel is accepted.
Since the entire decretal amount has been deposited in the
Labour Court, Thane and, particularly in the light of the merits
of the matter, where learned counsel for the Appellant states that
the impugned judgment does not take into consideration the
aspect whether the incident has occurred during the course of
employment and whether there exists an employee-employer
relationship and, that is the specific reason, why on an earlier
date, the compilation of documents was directed to be placed on
record, the effect, operation and execution of the impugned
judgment dated 27/08/2019 is stayed.
6. The Claimants, on being served, are at liberty to move an
application before this court for withdrawal of the amount,
subject to examination of the merits of the matter.
7. Stand over to 22/11/2021.
[SMT. BHARATI DANGRE, J.]
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