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Bombay High CourtCAF/2401/2016ca disposed off

Mangalmurti Electricals Govt. Electrical Contractor Thr. Proprietor Yogesh Sureshrao Ingle v. Ramesh S/O. Fakira Ambhore And Others

2017-04-18Hon'Ble Shri Justice Nitin W. Sambre2 pages

C.A.No.2401/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT NAGPUR CIVIL APPLICATION NO.2401 OF2016 IN FIRST APPEAL NO.717 OF 2016 Mangalmurti Electricals, through its Proprietor Yogesh Ingle, r/o Akola ..Applicant

Versus

Ramesh s/o Fakira Ambhore and ors.

..Respondents Mr S.S. Katkar, Advocate for applicant Ms D.V. Sapkal, Advocate for respondents no.1 and 2 Mrs U.A. Patil, Advocate for respondent no.3 CORAM : N.W. SAMBRE, J.

DATE : 18th April 2017 PER COURT Heard.

2.

This application is for grant of stay to the execution proceedings.

3.

Based on provisions of Sections 4 and 5 of the Workmen's Compensation Act, an error in the calculation qua awarding of compensation is sought to be brought to my notice. 4.

Apart from above, the appellant has already deposited the entire amount as directed by the Commissioner under Workmen's Compensation Act (Labour Court) at Akola. In view thereof, there shall be stay to the execution. Civil Application stands disposed of accordingly.

C.A.No.2401/2016 5.

Needless to observe that the claimants will be at liberty to apply for withdrawal of amount.

6.

Paper book be filed within a period of twelve weeks from today; failing which the matter shall stand dismissed without further reference to the Court.

( N.W. SAMBRE, J.) vvr