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Bombay High CourtCAF/1503/2016disposed off

The New India Assurance Co. Ltd. v. Mrs. Aphasari Samidali Khan And ORS.

2017-12-05Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

caf.1503.2016_502(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1503 OF 2016 IN FIRST APPEAL ST. NO.20398 OF 2015 The New India Assurance Co. Ltd.... Applicant/Appellant Vs.

Aphasari Samidali Khan & Ors.

... Respondents Mr.D.R. Mahadik for the Applicant/Appellant Mr.Valmik Borse i/b A.M. Gokhale for Respondent Nos.1 to 5 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: DECEMBER 5, 2017 P.C.:

1.

Not on Board. Upon mentioning, taken on Board. 2.

By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 16.2.2015 passed by the learned Commissioner for Workmen's Compensation & Jude, 2nd Labour Court, Thane, in Application (WCA) No.293/B-78 of 2012, as execution proceedings are moved against the insurance company. The learned Counsel for the applicant/appellant submits that the 1 / 2

caf.1503.2016_502(2).doc insurance company has already deposited the entire decretal amount alongwith interest accrued thereon, of Rs.16 lakhs on 14.11.2017. 3.

The learned Counsel for respondent Nos.1 to 5 is present. 4.

In view of the above, the operation and execution of the impugned judgement and award is stayed till final disposal of the appeal.

5.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2