Ranju Rajiv @ Rajivkumar Pal And Ors vs Bihari Ramchandra Makhija And Anr
2024 Latest Caselaw 23476 Bom

Bombay High Court

Ranju Rajiv @ Rajivkumar Pal And Ors vs Bihari Ramchandra Makhija And Anr on 9 August, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

                                                       4-CAF-1423-2012.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                     CIVIL APPLICATION NO.1423 OF 2012.
                                     IN
                     FIRST APPEAL (ST) NO.8088 OF 2012.

Ranju Rajiv @ Rajivkumar Pal And Ors                 ...Applicants-
                                                        Appellants.
        Versus
Bihari Ramchandra Makhija And Anr.                   ...Respondent.

                             ------------
Ms. Rina Kundu for the applicants-Appellants.
                             ------------

                               Coram : Sharmila U. Deshmukh, J.

Date : 9th August 2024.

P. C. :

CIVIL APPLICATION NO.1423 OF 2012.

1. Civil application has been preferred seeking condonation of

delay of 110 days caused in filing appeal.

2. Learned counsel for the applicant submits that respondent has

been duly served. None appears for the respondents. For the reasons

stated in the application, delay of 110 days is condoned. Civil

application is allowed.

FIRST APPEAL (ST) NO.8088 OF 2012.

3. Heard.

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                                                       4-CAF-1423-2012.doc

4. Admit on the following substantial questions of law:

1.Whether the Commissioner of Workmen's Compensation committed an error in law by ignoring the statutory provision which provides for payment of interest from the date when the amount is required to be deposited ?

2.Whether the impugned order suffers from perversity as the same provides for interest from the date of judgment till the date of realization contrary to Section 4, 4A and 3(b) of the Employees Compensation Act, 1923 ?

3.Whether considering the facts and circumstances of the case penalty of 50% was required to be imposed by Commissioner of Workmen's Compensation for delay caused in depositing the compensation due ?

5. Call for R & P. Compilation of documents is already on record.

6. Considering the limited issue involved, list Appeal for final

hearing on 29th August 2024.

7. Issue notice to the respondents returnable on 29th August 2024.

In addition to Court notice, appellants to serve the respondents by

private notice and file affidavit of service before the next date.

                                             [Sharmila U. Deshmukh, J.]




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