The Branch Manager The New India Assurance Co. Ltd. v. Manjudevi Amrutlal Verma And Othrs

22.fa.1689.2008.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1689 OF 2008 WITH CIVIL APPLICATION NO. 4370 OF 2008 IN FIRST APPEAL NO.1689 OF 2008 The New India Assurance Co. Ltd.

...Appellant vs Manjudevi Amrutlal Verma & Ors.

...Respondents

.....

Ms S. Chaterjee for the appellant.

.....

CORAM : M. S. SONAK, J.

13 FEBRUARY, 2017 P.C. :

Ms Chatterjee submits that she has no instructions from the appellant. She also states that she has issued a necessary notice to the appellant. Despite service of such notice, and that despite receipt of such notice, the appellant has not made alternate arrangement. The appeal challenges distribution order dated 20.06.2008 made by the Commissioner for Workmen's Compensation. Record indicates that the notice issued to Respondent Nos.2(a) and 2(b) has not been returned. The appellant has not taken steps to serve all respondents. The matter is of the year 2008 and Pg 1 of 2

22.fa.1689.2008.doc involves the compensation payable to the claimants under the Employees Companies Act, 1923. It is possible that on account of pendency of this matter, the claimants have been deprived of the compensation awarded to them.

In the aforesaid circumstances, no further indulgence can be given to the appellant. The appeal is consequently dismissed for non-prosecution. The Civil Application for stay does not survive and the same is also disposed of. Ad-interim order, if any, stands vacated. The Workmen Compensation Commissioner to pay the amount of compensation, if deposited with it, to the claimants unconditionally along with interest, if any, that may have accrued upon the same.

( M. S. SONAK, J. ) Pg 2 of 2