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Bombay High CourtCAF/2076/2016disposed off

United India Insurance Co. Ltd. v. Shri. Mehboob Fatullal Shaikh And ORS.

2017-09-07Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Trupti 906-fa-6516-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 6516 OF 2016 WITH CIVIL APPLICATION NO. 2076 OF 2016 WITH CIVIL APPLICATION NO. 2077 OF 2016 IN FIRST APPEAL (ST.) NO. 6516 OF 2016 United India Insurance Co. Ltd.

...Applicant/ Appellants

Versus

Mehboob Fatullal Shaikh & Ors.

...Respondents

......

Ms. Varsha Chavan for the Applicant.

Ms.Rina Kundu for the Respondent.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

SEPTEMBER 07, 2017 P.C. :

1.

Civil Application No. 2076 of 2016 is moved for condonation of delay in filing First Appeal.

2.

Learned counsel for the applicant submits that there is a delay of 61 days in filing First Appeal.

3.

In view of the reasons mentioned in the Civil Application, delay is condoned. Civil Application is allowed.

Trupti 906-fa-6516-16.doc 4.

First Appeal be registered. Place the First Appeal for admission on 07.11.2017.

CIVIL APPLICATION NO. 2077 OF 2017 5.

By this Civil Application, the applicant/insurance Company seeks stay to the operation and execution of the impugned judgment and order dated 14.10.2015 passed by the Commissioner for Workmen's Compensation, 1st Labour Court, Thane, in WCA No. 155/C-33/2012. The learned Counsel for the applicant submits that the insurance Company is ready to deposit the entire amount of compensation, within a period of one week.

6.

In view of the above submission, the implementation, operation and execution of the impugned judgment and order dated 14.10.2015 is stayed till 07.11.2017, subject to the applicant to comply with the provisions of Section 30 of the Workmen's Compensation Act, 1923 within a period of one week. The compliance is to be shown to the Court.

7.

Learned counsel for the respondents waives notice. 8.

Stand over to 07.11.2017.

(MRIDULA BHATKAR, J.)