Dilip Sahebrao Ambhore v. Ranjana Wd/O Gajanan Gawai And Others

15.CAF 2663.2021 in FA402.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2663 OF 2021 IN FIRST APPEAL NO.

OF 20 Dr. Dilip Sahebrao Ambhore ...VERSUS...

Ranjana Wd/o. Gajanan Gawai and ors.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Radhika G. Bajaj, Advocate for appellant. Shri S.S.Bhalerao, Advocate for respondent nos. 1 to 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JULY , 2022.

The present application is filed by the respondent nos. 1 to 3 / applicants / claimants for grant of permission to withdraw the amount deposited by the appellant.

2.

The appeal is preferred challenging the judgment and award dated 03/09/2020 passed by learned Labour Court, Buldhana in Application (WC)(F) No. 8/2014.

3.

The application is strongly opposed by learned counsel appearing for the appellant on the ground that there was no employer - employee relation of the deceased - Gajanan Gawai and therefore, it would be difficult to recover, if the amount is permitted to be withdrawn by the claimants. The appellant has deposited the compensation amount of Rs. 12,18,102/- in this Court.

15.CAF 2663.2021 in FA402.2020 4.

Considering the reasons stated in the application, the purpose would be served if 25% of amount is permitted to be withdrawn by the claimants for the time being, subject to the undertaking that, if the appellant would succeed in the matter, the claimant will refund the amount as per final order of this Court in this appeal. 5.

Accordingly, the application is disposed of.

6.

List the matter for final hearing on 05/08/2022 as all evidence are required. All over, paper book is dispensed with. (Smt. M.S. Jawalkar, J.) B.T.Khapekar