Walmik Tukaram Elinje And Ors vs New India Assurance Co. Ltd., ...
2023 Latest Caselaw 4514 Bom

2023:BHC-AS:13421                                                             14-IA-3360 OF 2023 .doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO. 3360 OF 2023
                                                  IN
                                     FIRST APPEAL NO. 394 OF 2022


                    Walmik Tukaram Elinje                                     ...       Applicant

                    IN THE MATTER BETWEEN

                    New India Assurance Co. Ltd., Nashik                      ...       Appellant
                         Versus
                    Walmik Tukaram Elinje And Ors.                            ...       Respondents

                                                    .....
                    Mr. Sachin Gite, for the Applicant in IA No. 3360 of 2023 and for
                    the Respondents in FA No. 394 of 2022.
                    Ms. Jyoti Bajpayee, for the Appellant in FA No.394 of 2022 and for
                    the Respondent in IA No. 3360 of 2023.
                                                    .....

                                                   CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 2nd MAY, 2023.

P.C.

Heard learned Counsel for the applicant. He submits that the

employer-respondent No.2 has not challenged the impugned

judgment and order dated 12 th August, 2021 passed by

Commissioner for Employees Compensation and Labour Court,

Nashik.

                       Rekha Patil                                                              1 of 2


                                                           14-IA-3360 OF 2023 .doc


2        Learned Counsel for insurer submits that the employer has

not appeared in this Appeal.



3        In that view of the matter, application is allowed in terms of

prayer clause (a), which reads as under:

" a) Pending the hearing and final disposal of the present First Appeal, the Applicant may be allowed to withdraw the entire amount of the compensation of Rs.7,36,185/- deposited by the Respondent No.2 on such terms and conditions as this Hon'ble Court may deem fit and proper."

4        Application is disposed of.


                                             [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                            2 of 2