Vinita Synthetics India Pvt. Ltd. v. Inderjeet Lalji Tiwari

1/2 7 fa 609-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.609 OF 2020 Vinita Synthetics India Pvt.Ltd ..

Appellant

Versus

Inderjeet Lalji Tiwari ..

Respondent ...

Mr. Rakesh Sawant for the appellant.

Mr.Krishna Kumar Mishra for the respondent. CORAM: BHARATI DANGRE, J.

DATED : 25th APRIL, 2022 P.C:- First Appeal deserves to be disposed off in the wake of the consent terms placed before it and signed on 25/4/2022. The consent terms are signed by the appellant as well as his counsel and the respondent and also his counsel. The appellant and the respondent are present in the Court and their identity has been established through original Aadhar Card which are produced before the Sheristedar of this Court.

The photo copies of the same are taken on record along with the consent terms. Consent terms are marked "X" for identification.

Tilak

2/2 7 fa 609-20.doc The respondent was awarded the compensation of Rs.6,85,401/- along with interest @ 12% from the date of accident till the actual payment. The appellant deposited the principal amount in terms of the order passed on A(WCA) NO.19/C-1/2018 and the respondent was permitted to withdraw 50% of the amount from the Labour Court.

It is now agreed between the parties that the amount due and payable in terms of the award i.e. an amount of interest, is also deposited to the tune of Rs.5,42,834/- before the Commissioner. The parties arrived at a settlement to the effect that the respondent shall be allowed to withdraw an amount of Rs.4,50,000/- from the said amount and upon this, his claim shall stand fully satisfied towards the judgment and award of the Labour Court in his favour. The remaining amount lying with the Labour Court shall be permitted to be appropriated by the appellant.

In the wake of the aforesaid consent terms which is agreed between the parties that they shall have no claim, demand, right or otherwise, against each other as the judgment and decree of the Commissioner for Employees Compensation and Judge, 1st Labour Court, Thane, dated 12/6/2019 stands satisfied. ( SMT. BHARATI DANGRE, J.) Tilak