Brajendra Prasad Singh & Another vs Bandana Kumari & Others
2023 Latest Caselaw 2205 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    M.A. No.07 of 2020
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Brajendra Prasad Singh & Another .... .... .... Appellants Versus Bandana Kumari & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Prakash Chandra, Advocate Mr. Virendra Kumar, Advocate For the Respondents : Mr. Onkar Nath Tewary, Advocate

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Order No.07 Dated- 19/06/2023 I.A. No.3767 of 2023 Heard the parties.

Learned counsel for the appellants does not press the instant interlocutory application.

Accordingly, this interlocutory application stands rejected as not pressed by the appellants.

(Anil Kumar Choudhary, J.) I.A. No.2319 of 2023 Learned counsel for the respondent Nos.1 to 3 submits that this interlocutory application has been filed with a prayer to release the amount of Rs.8,74,237/- deposited by the appellants in the court of Sub Divisional Officer-cum Certificate Officer, Dumka in Certificate Case No.02/2021-22 arising out of Execution Case No.05 of 2019; to the respondent No.1. It is next submitted by the learned counsel for the respondent Nos.1 to 3 that Employees' Compensation Commissioner, Deoghar awarded a sum of Rs.8,74,237/- along with simple interest @ 12%. It is next submitted that the appellant of this Miscellaneous Appeal in compliance of the order passed by this Court, deposited Rs.8,74,237/- in the (Execution Court) S.D.O.-cum-Certificate Officer, Dumka in Certificate Case No.02/2021-22. It is further submitted that no payment has been made to the respondent as yet and the respondent No.1 is having great need of this amount for her survival and education of her children and she has been suffering since 2013. It is then submitted that though this Miscellaneous Appeal has been filed in the year 2020 but the appellants are not desirous of the speedy disposal of the appeal and has ensured deliberately that the appeal is not admitted by not removing the defects pointed out by the stamp reporter. Hence, it is submitted that in the interest of justice, the said amount of Rs.8,74,237/- deposited by the appellant with the said (Execution Court) S.D.O.-cum-Certificate Officer, Dumka in Certificate Case No.02/2021-22 be released in favour of the respondent No.1.

The learned counsel for the appellants, however, objects to release of the said amount.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the very enactment of the Employees' Compensation Act has been made to provide immediate succor inter alia to the descendants of the deceased employee. The fact remains that though this appeal was filed on 06.01.2020 but the appellants have not yet removed the defects pointed out by the stamp reporter though more than three years have already elapsed and had the appellants removed the defects, by now the appeal would have been disposed of.

Considering this conduct of the appellants and the objective behind of the legislation of the Employees' Compensation Act, this Court is inclined to direct the S.D.O.-cum-Certificate Officer, Dumka to release the amount of Rs.8,74,237/- deposited by the appellants in favour of the respondent No.1 forthwith. It is made clear that the same would be subject of final judgment to be passed in this appeal.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.)

M.A. No.07 of 2020 The appellants are directed to remove the defects pointed out by the stamp reporter within four weeks from the date of this order, failing which, this appeal shall stand dismissed without further reference to the Bench.

List this appeal after removal of the defects.

Animesh/                                   (Anil Kumar Choudhary, J.)