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Bombay High CourtCAF/3048/2019ca disposed off

The New India Assurance Company Ltd.Akola Through Divisional Manager, Thr. Regional Manager, Nagpur v. Meena Wd/O Pradip Pawar And Others

2021-03-04Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

37.FAST.12341.2019.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.3048/2019 IN First Appeal Stamp No.12341/2019 The New India Assurance Company Ltd. Akola. Vs. Meena wd/o Pradip Pawar & Ors. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri M.B. Joshi, Advocate for the Appellant.

Shri S.D. Chopde, Advocate for Respondent Nos.1 to 3 and 5. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 4 th MARCH, 2021.

The applicant has sought to condone the delay of 54 days in filing the appeal against the award dated 11/02/2019 passed by the Labour Court, Akola in W.C.A. No.4/2015.

In view of the reasons stated in the application, the application is allowed. Delay is condoned.

The civil application stands disposed of.

Appeal be registered after removing office objections, if any.

Civil Application (CAF) No.3049/2019 Learned Counsel for the appellant states that the entire amount of compensation i.e. Rs.15,46,807/- has been deposited before the Labour Court.

In the light of the said statement, execution and

37.FAST.12341.2019.

2/2 implementation of the impugned judgment and award is stayed till the disposal of the appeal.

The civil application stands disposed of.

Civil Application (CAF) No.558/2021 The applicants/respondent Nos.1 to 3 and 5 have filed this application for withdrawal of the amount deposited by the Appellant - Insurance Company.

Learned Counsel for the appellant has objected to the said application mainly on the ground that the application has been filed after a period of two years and, as such, the Commissioner had no jurisdiction to entertain the same.

In the light of the said objections raised by learned Counsel for the appellant, learned Counsel for respondent Nos.1 to 3 and 5 seeks time.

Stand over to 18/03/2021.

(SMT. ANUJA PRABHUDESSAI, J.) vijay