Kalawati Bhaskar @ Drongiri More And ANR v. The Oriental Insurance Co. Ltd. Thr Its Branch Manager, Latur And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 CIVIL APPLICATION NO. 8853 OF 2024 IN FA/578/2020 AND CIVIL APPLICATION NO. 603 OF 2018 IN FAST/23415/2017 AND CIVIL APPLICATION NO. 604 OF 2018 IN FAST/23415/2017 KALAWATI BHASKAR @ DRONGIRI MORE AND ANR ....Applicants

VERSUS

THE ORIENTAL INSURANCE CO. LTD. THR ITS BRANCH MANAGER, LATUR AND ANR .....Respondents Mr. Fayaz K. Patel, Advocate for the applicants Mr. R. T. Totala, Advocate for the respondent No.1 Mr. S. S. Rathi, Advocate for respondent No.2 CORAM :

KISHORE C. SANT, J.

DATE :

03rd OCTOBER, 2024 P. C.

WITHDRAWAL 1.

Heard the parties for sometime.

2.

This application is for withdrawal of the amount

(2) deposited by the appellant.

3.

After hearing the parties this court is inclined to pass the following order:-

ORDER

a] The applicants are permitted to withdraw 50% of the amount with accrued interest deposited in the office the learned Commissioner for EC Act and Judge, Labour Court, Latur on furnishing undertaking that in case the appeal is allowed, the applicants shall re-deposit the amount alongwith interest within twelve weeks from such judgment. Further 25% of the amount is allowed to be withdrawn alongwith accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Commissioner for EC Act and Judge, Labour Court, Latur. Remaining amount be kept in fixed deposit in any nationalized bank to be renewed from time to time till pending the appeal.

(3) b] The learned Commissioner for EC Act and Judge, Labour Court, Latur, shall disburse the amount in above terms.

c] The application stands disposed off.

APPEAL 1.

Issue notice to the respondents, returnable on 09-012025. On admission Mr. Patel, learned advocate waives service of notice for respondent Nos. 1 and 2. Mr. Rathi, learned advocate waives service of notice fo respondent No.3 2.

The parties are put to notice that if time permits, this court may take up the matter for final disposal at the stage of admission.

3.

Call R & P.

[KISHORE C. SANT, J.] VishalK/74ca8853.24