Bajaj Allianz General Insurance Co. Ltd. v. Mr. Jalaluddin Aijajuddin Khan And ANR.

(29) CAF 1915-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 1915 OF 2015 IN FIRST APPEAL (STAMP) NO. 32098 OF 2014 Bajaj Alliance General Insurance Co. Ltd.

.. Appellant/Applicant Vs.

Mr. Jalaluddin Aijajuddin Khan & Anr.

.. Respondents Ms. Yogita Deshmukh for the Appellant/Applicant. Ms. Chaitrali Deshmukh i/b Mr. Mehta for KMC Legal Venture for Respondent No.1.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th SEPTEMBER, 2016.

P. C. :

1.

Heard learned counsel for both the parties.

2.

This is an application seeking stay to the execution of the impugned Judgment and Award dated 01.03.2014 passed by the Commissioner for Employees Compensation and Judge, 6th Labour Court, Mumbai in Application (WCA) No. 255/C/64 of 2012. 3.

It is submitted that as per the order passed on 20.07.2016 ad interim relief of stay was granted on the condition that the appellantapplicant deposits the entire decretal amount in the Trial Court before the returnable date i.e. 18.08.2016. Now, it is submitted that during the said period the amount could not be deposited and the period of two weeks is sought for depositing the said amount by submitting that the cheque is 1/2

(29) CAF 1915-15 ready and hence the permission be granted.

4.

In view thereof, the period for depositing the said amount is extended by two weeks, subject to condition that, if the applicant fails to deposit the said amount within two weeks, the stay granted shall automatically stand vacated.

5.

On applicant depositing the aforesaid amount in the Tribunal, the Commissioner for Employees Compensation is directed 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. 6.

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