The Exe. Director Shri Pandurang Sahakari Sakhar Karkhana Ltd., Shreepur And ANR v. Shobha Madhukar Sirsat And ANR

13461.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.13461 OF 2023 IN FAST/34025/2023 WITH CA/13462/2023 IN FAST/34025/2023 THE EXE.DIRECTOR SHRI PANDURANG SAHAKARI SAKHAR KARKHANA LTD., SHREEPUR AND ANR

VERSUS

SHOBHA MADHUKAR SIRSAT & ANOTHER ...

Advocate for Applicants : Mr.Tungar Hrishikesh V. ...

CORAM :ARUN R. PEDNEKER, J.

DATE :07.11.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 15 days in filing the First Appeal. 2] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly. B] ORDER IN CIVIL APPLICATION FOR STAY 1] The learned counsel for the applicants submit that the applicants have deposited Rs.2,81,900/- before the

13461.23CA Commissioner for Employees Compensation & Civil Judge Senior Division at Beed towards compensation. The applicants have not deposited Rs.1,38,341/- towards penalty and interest. The learned counsel further submits that the penalty and interest awarded under clause 3 of the operative part of the order dated 25.07.2023 is in contravention of the law laid down by the Hon'ble Supreme Court so also of the High Court.

2] There shall be ad-interim stay to the impugned award subject to deposit of 50% penalty amount in this Court within a period of eight weeks.

C] ORDER IN FIRST APPEAL Issue notice to the respondents returnable on 23rd January, 2024.

[ARUN R. PEDNEKER] JUDGE DDC