Khairoddin Sattar Nasarjunj v. Husen Masidsab And ANR

2024:BHC-AUG:12656 CA 3047/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 3047 OF 2024 IN FAST/31782/2023 WITH CIVIL APPLICATION NO. 13601 OF 2023 IN FAST/31782/2023 WITH CIVIL APPLICATION NO. 13602 OF 2023 IN FAST/31782/2023 Khairoddin Sattar Nasarjunj

VERSUS

Husen Masidsab And Anr ...

Advocate for Applicant : Mr. Fayaz K. Patel h/f. Mr. Patil Ramchandra S. Advocate for Respondent 2 : Mr. A.G. Vasmatkar ...

CORAM

: KISHORE C. SANT, J.

Dated : June 28, 2024 PER COURT :- 1.

Heard.

2.

Civil Application No. 3047/2024 is for withdrawal of amount deposited by the Insurance Company along with accrued interest in this Court pursuant to the judgment and award passed by the learned Commissioner under Employees Compensation Act.

3.

Application is vehemently opposed by the appellant. It is the injury claim and claimant has received severe injury. In view of this, this Court is inclined to allow the application.

4.

Hence, the applicant is permitted to withdraw 50% of the amount deposited in this Court along with accrued interest on furnishing undertaking to the learned Commissioner under Employees Compensation Act, District Latur where amount is lying that in case, the appeal is allowed, he shall redeposit the amount along with accrued interest within twelve

CA 3047/24 weeks thereafter.

5.

Applicant is allowed to withdraw 25% of the amount deposited in this Court along with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Commissioner under Employees Compensation Act, District Latur. Civil Application is allowed and disposed of.

6.

In Civil Application No. 13601/2023, Advocate to take steps as regards respondent No. 2. Stand over to 23.8.2024. ( KISHORE C. SANT, J. ) ssc/