Gujarat High Court
Abhishek Engineering Pvt Ltd vs Sumiben Alias Sunitaben Shamsu ... on 26 April, 2023
Bench: Nikhil S. Kariel
C/FA/825/2023 ORDER DATED: 26/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 825 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/FIRST APPEAL NO. 825 of 2023
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ABHISHEK ENGINEERING PVT LTD
Versus
SUMIBEN ALIAS SUNITABEN SHAMSU BHURIYA
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Appearance:
MR.VARUN K.PATEL(3802) for the Appellant(s) No. 1
MR AMAN A SAMA(11691) for the Defendant(s) No. 1
MR MEET D KAKADIA(11896) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 26/04/2023
ORAL ORDER
1. Heard learned Advocate Mr. Varun K. Patel on behalf of the
appellant and learned Advocate Mr. Meet D. Kakadia with learned Advocate
Mr. Aman A. Sama on behalf of the respondent.
2. By way of the present first appeal, the appellant has challenged
judgment and order dated 19.02.2014 passed by the learned Commissioner
under the Workmen Compensation Act, Bhuj-Kutch in Workman
Compensation (Non-Fatal) Application No. 17 of 2008.
3. Learned Advocates for the parties would submit that the parties have
reached a consensus inasmuch as the appellant being ready and willing to
pay an amount of Rs. 5,00,000/- as full and final settlement of all claims of
the respondent-claimant and whereas upon the respondent accepting the
same, the appellant would not contest the first appeal whereas the
respondent to forgo her claims with regard to any remaining amount.
C/FA/825/2023 ORDER DATED: 26/04/2023
Learned Advocates would submit that the appellant has tendered an
affidavit stating as much, dated 22.04.2023, whereby it is stated that the
claimant may be permitted to withdraw an amount of Rs. 4,07,304/- which
has been deposited with the Commissioner under the Workmen
Compensation Act and Ex-Officio Labour Court, and whereas the
remaining amount of Rs. 92,696/- will be paid to the appellant within a
period of one month from the date of receipt of this order. Learned
Advocate Mr. Kakadia has tendered an affidavit of the respondent, whereby
the respondent has agreed to the said settlement and submitted that upon
receiving the amount of Rs.5,00,000/-, she will not claim any further
amount with respect to the award in question. Learned Advocates would
further request that since the respondent is residing at Dahod and whereas
she does not have any contact left at Gandhidham, therefore the amount
deposited with the learned Court below at Gandhidham may be directed to
be transmitted to this Court and whereas the respondent may be permitted
to withdraw the amount from this Court.
4. Considering the submissions made by learned Advocates for the
parties and considering the affidavits filed by the respective parties, the
following directions are passed.
(1) The Commissioner under the Workmen Commission Act,
shall forthwith transmit the amount of Rs.4,07,304/- which has been
deposited with the said Court on 16.04.2022 in connection with
Workman Compensation (Non-Fatal) Application No. 17 of 2008, to
the Registry of this Court. Such transmission shall be within a period
of 15 days from the date of receipt of this order.
(2) Upon such being received by the Nazir of this Court, the
appellant shall also deposit the remaining amount of Rs. 92,696/-
C/FA/825/2023 ORDER DATED: 26/04/2023
with this Court within a period of one month from today.
(3) Upon the amounts being deposited, totaling to Rs. 5,00,000/-,
the respondent to apply for disbursement and whereas Registry shall
disburse the said amount after due and proper verification in favour
of the respondent by way of account payee cheque.
5. With these observations and directions, the present appeal stands
disposed of. Consequently the Civil Application also stands disposed of.
6. Affidavit submitted by learned Advocate for the respondent is
directed to be taken on record.
(NIKHIL S. KARIEL,J)
BDSONGARA
