Mr. G. Ramamurthy v. Smt. Chhabu Suresh Kamble And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2470 OF 2019 IN FIRST APPEAL NO. 1537 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. B. Sharada for the Applicant.

CORAM: K.K.TATED, J.

DATED : 17/10/2019 P.C.

Not on board. At the request of the learned Counsel for the Applicant, matter is taken on board for urgent order.

The learned Counsel for the Applicant submits that in order dated 17.09.2019, her name is shown as "S. Sharada" instead of "B. Sharada".

At her request, order dated 17.09.2019 is corrected accordingly. The appearance of Advocate for the Applicant to be read as "B.Sharada".

By this Civil Application, the Applicants are seeking stay of the operation and implementation of the Judgment and Award 1/3

dated 19.07.2018 passed by the Commissioner for Employees Compensation and Judge, Third Labour Court, Mumbai in Application (ECA) No. 238/B-51 of 2017 holding that the Respondents original Claimants are entitled to a sum of Rs. 7,88,240/- by way of compensation with interest @ 12 % p.a.

The learned Counsel for the Applicant submits that as per the earlier order passed by this Court, they deposited sum of Rs.3,94,120/- towards their share of compensation. She submits that pending the hearing and final disposal of this Appeal, this Hon'ble Court be pleased to restrain the Respondents original Claimants from withdrawing the said amount Rs.3,94,120/- Considering the submissions made by the learned Counsel for the Applicant and averments made in Civil Application, I am satisfied that Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a) Commissioner for Employees Compensation and Judge, Third Labour Court, Mumbai is directed to invest the sum of Rs.3,94,120/- in fixed deposit of any nationalised bank, initially for a period of one year and same to be continued till 2/3

further order.

b) The Commissioner for Employees Compensation and Judge, Third Labour Court, Mumbai is directed not to allow Respondents claimants to withdraw the said amount of Rs.3,94,120/- till further orders of this Court.

c) Civil Application stands disposed of accordingly.

d) No order as to costs.

(K.K.TATED, J.) 3/3