Bombay High CourtCAF/2114/2014dispossed offdismiss for default

Union Of India Through Its General Manager, Bilaspur (C.G.) And Anothers v. Smt. Darshana W/D/O Late Ganesh Tulsiram And Anothers

2015-03-11Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf2113.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.2113/2014 IN FIRST APPEAL STAMP NO.10986/2014 Union of India, through its General Manager, Bilaspur (C.G.) and others ..Versus..

Smt. Darshana wd/o late Ganesh Tulsiram and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 11.3.2015 Heard Shri N.R. Mankar, the learned advocate for the applicants and Shri C.L. Deharia, the learned advocate for the non-applicants 1 to 3.

Considering the reasons stated in the application, the delay of 34 days in filing the appeal is condoned. The civil application is allowed.

FIRST APPEAL STAMP NO.10986/2014 Heard.

Admit.

Shri C.L. Deharia, the learned advocate waives notice

2 caf2113.14 for the respondents 1 to 3.

The appellants shall file private paper book till 30th November, 2015.

To be heard with First Appeal Stamp No.13440/2014. C.A.F. NO.2114/2014 This is an application filed by the appellants praying for stay of execution of the impugned order. The appellants have deposited Rs.11,40,568/- before the Commissioner, Employees Compensation Act, 1923. The respondent no.1 is permitted to withdraw Rs.2,00,000/- (Rs. Two Lac Only) from this amount. The balance amount shall be kept in fixed deposit in the nationalized bank. The respondent no.1 shall be disbursed interest which accrues on the amount kept in fixed deposit, every six months. The amount be credited in the bank account of the respondent no.1. The civil application is disposed of in the above terms.

C.A.O. NO.1392/2014 This is an application filed by the respondents praying that the interim order granted by this Court be vacated. In view of the order passed on Civil Application No.2114/2014 no

3 caf2113.14 orders are required on this civil application. The civil application is disposed of as such.

JUDGE Tambaskar.