The New India Assurance Company ... vs Zarina Bano Wd/O Nazaruddin Alias ...
2022 Latest Caselaw 13488 Bom

                                                    M-3.IA.19346.22 in FAST.26207.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 19346 OF 2022
                                     WITH
                    INTERIM APPLICATION NO. 19345 OF 2022
                                       IN
                      FIRST APPEAL (ST.) NO. 26207 OF 2022


New India Assurance Co. Ltd.           ...    Applicant

           Versus

Zarina Bano & Ors.                     ...    Respondents



Ms. Sucha S. Dwivedi for the Applicant/Appellant.


                                 CORAM :     R.I. CHAGLA, J.
                                 DATED :    22nd DECEMBER, 2022.


ORDER :

1 Matter mentioned. Not on board. Taken on board.

2 By order dated 20.10.2022 this Court had recorded the

statement of the learned Advocate for the Appellant that the entire

compensation as per the impugned judgment and award will be deposited

before the Commissioner for Employees compensation, 6 th Labour Court,

Mumbai, within a period of four weeks.

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3 In the light of the said statement, the execution and

implementation of the impugned judgment and award was stayed till the

next date of hearing. However, though the returnable date is today, the

matter has not been listed.

4 The learned Advocate appearing for the Appellant states that

the entire compensation has been deposited before the Commissioner for

Employees compensation, 6th Labour Court, Mumbai, within the time

period granted by this Court on 20.10.2022. Accordingly, the application

is made for continuation of the stay of the execution and implementation

of the impugned judgment and award.

4 Having considered the submission, as well as noting that the

entire compensation is stated to have been deposited before the

Commissioner for Employees compensation, 6 th Labour Court, Mumbai,

the stay of the execution and implementation of the impugned judgment

and award which was granted till today shall continue till the hearing of

the Interim Application No.19346 of 2022.

5 It is noted that there is a receipt for compensation which has

been issued by the Commissioner for Employees compensation pursuant

to the Appellant having deposited the entire compensation in compliance

with the order dated 20.10.2022. Copy of receipt for compensation is

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tendered and is taken on record and marked 'X' for identification.

6 Place the Interim Application along with Interim Application

No.19345 of 2022 and First Appeal (St.) No.26207 of 2022 on

10.01.2023.

WAISHALI Digitally signed by WAISHALI SUSHIL (R.I. CHAGLA, J.) SUSHIL WAGHMARE WAGHMARE Date:

2022.12.23 10:32:06 +0530

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