Smt. Jijabai @ Jayshree Kisan Jorvekar And ORS. v. Mr. Surybhan Sukdeo Chavhan And ORS.

(13) CAF 3903-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3903 OF 2016 IN FIRST APPEAL (STAMP) NO. 22752 OF 2016 Jijabai @ Jayshree Kisan Jorvekar & Ors.

.. Appellants Vs.

Surybhan Sukdeo Chavan & Ors.

.. Respondents Mr. H. M. Inamdar for the Appellants.

None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 6 th SEPTEMBER, 2016.

P. C. :

1.

Heard learned counsel for the appellants.

2.

This is an application seeking seeking stay to the operation, effect, execution and implementation of the impugned order dated 16.12.2015 passed by the learned Commissioner for E.C.A. & Judge, 1st Labour Court, Nashik in Application W.C. (F) No. 3 of 2011. 3.

Learned counsel for the appellants submits that the appellants the amount of compensation and interest is already deposited by the Insurance Company. The only liability of the appellants is to deposit the 50% of the compensation as a penalty and they are ready to deposit the same within 12 weeks. Subject to condition of the appellants depositing the amount within 12 weeks from the date of this order, the stay is granted to the execution of the award.

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(13) CAF 3903-16 4.

On amount being deposited, the Commissioner for Employees' Compensation to invest the same in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal.

5.

On failure of the appellants to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 6.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2