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Bombay High CourtIA/4161/2023disposed off

Reliance General Insurance Company, Mumbai v. Tahira Imran Shaikh And ORS.

2023-05-04Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

21-IA-4161-2023.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4161 OF 2023 IN FIRST APPEAL [STAMP] NO.8831 OF 2023 Reliance General Insurance ] Company, Mumbai ] Applicant Vs.

Tahira Imran Shaikh and others ] Respondents .....

Ms. Shalini Shankar, for Applicant.

Mr. Amol Gatne i/b Ms. Swati U. Mehta, for Respondents No.1 to 5. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 4th MAY, 2023.

P.C.

1.

By this application, the applicant-insurer prays for staying effect, execution and implementation of the judgment and award passed by the Commissioner for Employees Compensation Eleventh Labour Court, Mumbai on 5th August, 2022 in Application (ECA) No.122/B23/2019. 2.

Ms. Shalini Shankar, learned Counsel for the applicant submits that entire amount under Award along with accrued interest has already been deposited before the Court below. 3.

Ms. Shalini Shankar submits that the applicant has a good case on merits and, therefore, prays for staying the effect and SHAILAJA SHRIKANT SHRIKANT HALKUDE D t 2023 05 08 12 08 57

21-IA-4161-2023.doc implementation of the impugned Award.

4.

On the other hand, Mr. Gatne, learned Counsel for respondents No.1 and 5 has drawn my attention to the written statement of the employer as well as the impugned judgment indicating that there is no substantial question of law involved in this appeal. Grounds of appeal as raised are misconceived.

5.

Upon being asked to the learned Counsel for the applicant, she is unable to point out as to what is the substantial question of law involved in this appeal.

6.

Be that as it may. The said issue can be gone into at the time of hearing the appeal at the stage of admission. 7.

Till then, there shall be stay to the effect, execution and implementation of the impugned judgment and award. 8.

List on 15th June, 2023.

[PRITHVIRAJ K. CHAVAN, J.]