Bombay High CourtCAF/1375/2020ca disposed off

Shri Sachitannand Chandrashekhar Malavalli Bhat v. Smt. Hemlata Wd/O Rajaram @ Ramraj Lilhare And Others

2021-02-23Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

caf.401.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.401 of 2020 in First Appeal St. No.22410 of 2019 Shri Sachitannand Chandrashekhar Malavalli Bhat vs.

Smt. Hemlata wd/o Rajaram @ Ramraj Lilhare & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.S. Joshi, Advocate for the Applicant/Appellant. Shri P.D. Meghe, Advocate for Respondent Nos.1 to 3. Shri M.R. Pillai, Advocate for Respondent No.6.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 23 rd FEBRUARY, 2021.

Learned Counsel for the applicant-appellant states that respondent No.5 has expired and her legal representatives are already on record as respondent Nos.1 to 4.

In view of the said statement, the appellant to take steps to amend the cause title by deleting the name of respondent No.5.

The appellant has deposited only 50% of the amount of compensation as per the impugned judgment and award, dated 17/08/2019 in WCA(B).01/2016. Learned Counsel for the appellant seeks four weeks' time to deposit the balance amount.

Stand over to 23rd March, 2021.

caf.401.20 2/2 Civil Application [CAF] No.1375/2020:

Respondent Nos.1 to 4 have filed this application for withdrawal of the amount deposited by the appellant as per the impugned judgment and award.

Having considered the reasons stated in the impugned judgment and the grounds raised in the appeal memo, respondent Nos.1 to 4 are permitted to withdraw 50% of the amount deposited by the appellant before the Commissioner Under Employee's Compensation Act, 1st Labour Court, Nagpur, subject to furnishing an undertaking that the amount shall be refunded with interest in the event the appellant succeeds in the appeal.

The application stands disposed of.

JUDGE *sandesh