Maharashtra Elektrosmelt Ltd., Thr. Its Executive Director, Chandrapur v. Smt. Fulbai Wd/O Omprakash Nishad And Others

2024:BHC-NAG:11959 1 16-CAF-2813-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2813 OF 2024 IN FIRST APPEAL ST. NO. 18606 OF 2024 MAHARASHTRA ELEKTROSMELT LTD.

Vrs.

SMT. FULBAI WD/O OMPRAKASH NISHAD AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S. C. Mehadia, Advocate for applicant/appellant. CORAM: SANJAY A. DESHMUKH, J.

DATE : 22/10/2024.

1.

This is an application for condonation of delay of 4 days caused for filing first appeal. 2.

Perused the application.

3.

Heard learned Advocate for the applicant.

4.

For the reasons / grounds stated in the application, it appears that delay is not deliberately caused. The application deserves to be allowed, in the interest of justice.

5.

The application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO. 2815 OF 2024 6.

This is an application for stay to the execution of the order of the Authority.

7.

Learned advocate for the applicant submits that entire amount as per the order of the Commissioner is deposited. If the said amount is withdrawn, the very purpose of filing of this appeal will frustrate. He,

2 16-CAF-2813-24.odt therefore, prayed for staying the execution of Judgment dated 01/07/2024 delivered in W.C.A. No.07/2020 by the Commissioner under the Employees' Compensation Act, Chandrapur.

8.

Issue notice to the respondents.

9.

In the meanwhile, there shall be ad-interim stay to the execution of said Judgment.

10.

The appellant is directed to communicate this order to the Authority as well as respondents by RPAD. 11.

The concerned Authority to rely upon the authenticated copy of this order.

12.

Stand over after six weeks.

FIRST APPEAL ST. NO. 18606 OF 2024 13.

Issue notice to the respondents.

14.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/10/2024 15:51:53