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Bombay High CourtCAF/1374/2021ca disposed off

Wasudeo S/O Natthu Borle v. Digamber S/O Bhaodu Narkhede And Others

2022-01-07Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

12-fast-7195-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 1374 of 2021 in First Appeal St No. 7195 of 2021 Wasudeo S/o Natthu Borle

Versus

Digambar S/o Bhaudu Narkhede and another Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri A.P. Chaware, Advocate for the Applicant. Shri Mahesh Rai, Advocate for the non-applicant no.2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 7 th JANUARY, 2022.

By this application, the applicant has sought waiver of pre-deposit of compensation, penalty and interest awarded by the learned Commissioner as per judgment and award dated 31st August, 2018 passed in Application (WC)(NF) No. 5 of 2015.

2.

Learned counsel for the applicant states that the liability to pay the compensation is that principal employer i.e. non-applicant no.1. It may be mentioned that non-applicant has filed the seperate appeal bearing First Appeal No. 1635 of 2019. By order dated 16th September, 2019, this Court has partly allowed the SKNair

12-fast-7195-21.odt application for waiver and directed to deposit 50% of the compensation awarded by the Commissioner.

3.

For the reasons recorded in order dated 16th September, 2019, the application filed by the applicant is partly allowed. Appellant granted waiver to deposit 50% of the amount awarded by the Commissioner. Learned counsel for the applicant states that an amount of Rs.1,50,000/- has been deposited before the Commissioner. He shall deposit the balance amount before the Commissioner within a period of eight weeks. The civil application stands disposed of.

First Appeal Stamp No. 7195 of 2021 Issue notice to the respondents, returnable after two weeks.

2.

Shri Mahesh Rai, learned counsel waives service of notice on behalf of non-applicant no.2. (SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.01.12 15:38:43 +0530 SACHINDANAND K NAIR SKNair