Bombay High Court
Kranti Sahakari Sakhar Karkhana ... vs Mr. Prakash Dhareoppa Kumbhar on 10 October, 2022
Bench: Anuja Prabhudessai
8 fa 1082-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1082 OF 2017
Kranti Sahakari Sakhar Karkhana Ltd. ..Appellant/Applicant.
v/s.
Mr. Prakash Dhareoppa Kumbhar ..Respondents
Ms. Aparna M. Kalathil for the Appellant/Applicant.
Ms. Reeta R. Pawar for the Respondent.
CORAM : ANUJA PRABHUDESSAI, J.
DATED : 10th OCTOBER, 2022.
P.C.
1. The Appellant herein has challenged the judgment and order dated
1st December, 2015 passed by the Commissioner for Employees
Compensation, 4th Labour Court, Thane in APPL. (WCA) No.339 C-84/
2009. During pendency of the appeal, parties have arrived at amicable
settlement. Ms. Kalathil, learned Counsel for the Appellant and Ms.
Pawar, learned Counsel for the Respondent have placed on record
consent terms which read thus:
"1. The Respondent accept the amount of Rs.6,00,000/- paid
by the Appellant to Respondent by Demand Draft No.942740
drawn on State Bank of India, Palus Branch dated 19th July,
2022 towards full and final settlement of compensation
Digitally
signed by
PRASANNA P
PRASANNA P SALGAONKAR awarded by the Commissioner for Employees Compensation,
SALGAONKAR Date:
2022.10.14
16:26:58
+0530
P P SALGAONKAR 1 of 3
8 fa 1082-17.doc
4th Labour Court, Thane in Case No.APPL (WCA) No. 339/
C-84/2009 by an order dated 1st December, 2015.
2. On receipt of the said amount by Demand Draft
No.942740 drawn on State Bank of India, Palus Branch
dated 19th July, 1922, the award passed by Commissioner for
Employees Compensation, 4th Labour Court, Thane in Case
No. APPL (WCA) No.339/C-84/2009 to be marked as
'Satisfaction'.
3. That the Appellant agrees not to ask for reimbursement
of amount of Rs.3,27,000/- paid by the Appellant to Ruby
Hospital, Pune towardes medical treatment of the
Respondent.
4. Liberty to the Appellant to withdraw amount deposited
in the Trial Court pursuant to the Interim Order of this
Honurable Court dated 1st August, 2017 of Rs.11,68,656/-
together with interest accrued thereon. The Commissioner
for Employees Compensation, Thane is hereby directed to
permit the Appellant to withdraw the entire amount together
with interest unconditionally."
2. The consent terms are signed by Mr. Virendra Deshmukh, H.R.
Manager of the Appellant Karkhana and by Dhareoppa Kumbhar, father
of the Respondent. The resolution authorizing Mr. Virendra Deshmukh
P P SALGAONKAR 2 of 3
8 fa 1082-17.doc
to enter into settlement and sign the terms as well as the Power of
Attorney executed by the Appellant to enter into settlement on his behalf
and sign the terms has been placed on record. The Attorney of the
Claimant has also filed his affidavit stating that he has agreed to settle
the matter for sum of Rs.6000/- towards full and final settlement and that
he has received a Demand Draft in respect of the said amount.
3. The signatories to the consent terms viz. Deshmukh and
Kumbhar, are present before the Court. Since the Attorney of the
Respondent does not understand English or Marathi, the terms were
explained to him through Advocate C.M.Lokesh who can read and write
Kannada language. The Attorney of the Respondent admits having
signed the consent terms and also confirms the contents of the consent
terms. The Consent Terms along with annexures are taken on record
and marked "X" for identification.
4. The statement made in the consent terms is admitted as an
undertaking to the Court. The POA of the Respondent has received the
Demand Draft for Rs.6 Lakhs.
5. In view of the consent terms filed by the parties, the appeal stands
disposed of.
6. Civil Application, if any, stands disposed of.
(ANUJA PRABHUDESSAI, J.)
P P SALGAONKAR 3 of 3
